Holladay v. State

I dissent to the majority’s disposition of the State’s grounds of error. I would hold that the analysis underlying this Court’s opinion in Fortenberry v. State, 579 S.W.2d 482 (Tex.Cr.App.1979) is worthy of affirmation. Specifically, I would hold that trial court erred by refusing to modify the charge to the jury as requested by appellant and that the error inuring to appellant because of the court’s error was not harmless.

In order to set forth my analysis of the issues presented, a brief recitation of the facts, as presented by the Court of Appeals, is appropriate:

“[The evidence] showed that…