Green v. State

DISSENTING OPINION

RICHARDSON, J.,

filed a dissenting opinion in which HERVEY, J., joined.

I agree with the majority that the trial court erred by including in the jury charge a detailed definition of “female sexual organ” and an explicit instruction regarding what constitutes “penetration.” Instructing the jury on those terms exceeded what is allowed by Article 36.141 of the Code of Criminal Procedure and under this Court’s holding in Kirsh v. State.2 However, I disagree with the majority’s harm analysis. Because I believe that these jury charge errors did cause some harm to the defendant, I…