Douglas Lynn Kirk v. State

DAUPHINOT, J.,

filed a dissenting opinion.

DISSENTING OPINION

I agree that the evidence sufficiently supports the murder conviction and that any error in the admission of evidence was harmless. But I disagree with the majori-tjfs holding that the trial court did not err by supplementing the jury charge sua sponte after the jury had begun deliberating. This court has noted,

Article 36.16 of the code of criminal procedure governs supplemental jury charges, and it does not, in all instances, prevent the trial court from submitting a supplemental charge after deliberations have begun. Article 36.16…