Kirkpatrick v. State

I dissent. The majority’s action in overruling the appellant’s second, third, ninth and tenth grounds of error has no support in law and is, in fact, contrary to holdings of numerous decisions of this Court.

The appellant, properly complying with the requirements of Art. 36.15, V.A.C.C.P., submitted to the court a requested charge to the jury which limited their consideration of evidence of certain extraneous offenses to the questions of identity, intent, motive and scheme. The requested charge would also have instructed the jury not to consider the evidence for any purpose unless it was…