McCaleb v. State

For the reasons stated in my dissenting opinion in Kirkpatrick v. State, 515 S.W.2d 289, 294 (Tex.Cr.App.1974), I dissent to the overruling of appellant’s three grounds of error.1. These grounds are incorrectly decided even under the rationale of the majority opinion in Kirkpatrick. There the Court held that a limiting charge on extraneous offenses was not required because the defendant in that case was charged with misapplication of county funds under Article 95 of our former Penal Code. Thus, the Court said: “The gravamen of the offense under this particular statute is embezzlement of funds…