In Re STATE of Texas Ex Rel. David P. WEEKS

PRICE, J.,

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

I

Mandamus is an extraordinary remedy. To intercede in an ongoing capital murder trial and order the trial court to give a particular jury instruction that we believe is raised by the evidence, and modify another jury instruction because we think the trial judge has misconstrued the law, is extraordinary indeed. Shall we interrupt *127the next capital trial because we think the trial- judge has made a legal mistake in admitting certain evidence, or in failing to admit it? Or in granting a continuance,--or failing to grant it? In…