Jones v. State

BURGESS, Justice,

dissenting.

I respectfully dissent. I dissent solely to the majority’s continued countenance of TEX. CODE CRIM.PROC.ANN art. 37.-07(4)(a). For the reasons previously stated in my dissent in Boudreaux v. State, 723 S.W.2d 230 (Tex.App.—Beaumont, 1986, no pet.), I would hold the use of this instruction denied appellant a fair and impartial trial. I, therefore would reverse and remand.