¶1DISSENTING OPINION
¶2The question here presented is whether appellant’s objection to the court’s charge constituted a substantial compliance with the requirements of Article 36.14, V.A.C.C. P. This Court on original submission concluded that the defect in the charge should have been reasonably apparent to the experienced trial judge when the charge complained of and the objection thereto were considered together. The error in the charge is patent on its face particularly when attention is directed to the two paragraphs involved with the observation that the charge constitutes a comment on the weight of the evidence.
¶3The requirement of Article 36.14, supra, that the defendant or his counsel shall present his objection to the charge “in writing; distinctly specifying each ground of objection” has been the law of this State since 1913. Acts 1913, 33rd Legislature, p. 278, Chapter 138, Section 1 (codified as Article 735, C.C.P., 1911). See Article 658, C.C.P., 1925, as amended by Acts 1931, 42nd Legislature, p. 65, Chapter 43, Section 5, and Acts 1953, 53rd Legislature, p. 486, Chapter 172. Article 658, supra, subsequently became Article 36.14 in the 1965 revision of the Code of Criminal Procedure.
¶4The real purpose of the enactment of this Article was to enable the trial judge to know in what respect the defendant regards the charge as defective and to afford him an opportunity to correct it before reading the charge to the jury. The Article serves a salutary purpose in preventing the trial judge from being “sand-bagged” and in preventing unnecessary reversals. It was not designed or intended, however, as a device to prevent fair consideration on appeal of every overruled objection to the charge by allowing the appellate court to find every such objection did not “distinctly specify”.
¶5It is clear from a study of the history of the statute that no particular form of objection has ever been prescribed. While a general objection is not ordinarily sufficient to bring in review the action of the trial court in refusing to amend the charge, the test applied to any objection made is whether or not the objection is sufficiently definite to make reasonably apparent to the trial judge the fault complained of when the charge complained of and the objection *516are considered together. Wiley v. State, 117 Tex.Cr.R. 449, 36 S.W.2d 495; Gill v. State, 84 Tex.Cr.R. 531, 208 S.W. 926. If it is so reasonably apparent to the judge then there has been a substantial compliance with the statute. Gill v. State, supra.
¶6When the accepted test is applied to the case at bar, it seems clear that it should have been reasonably apparent to the trial judge who had heard the facts just what defect that the appellant was objecting to. The objection, while certainly by no means a model one, did direct the Court’s attention to the only two paragraphs of the Court’s charge dealing with the testimony of the two sisters and did point out that the same constituted comment on the weight of the evidence.
¶7As can readily be seen from a review of the two paragraphs, the charge, particularly in light of the objection made, singled out the evidence of the “other acts”, assumed that they did in fact occur and passed this assumption along to the jury as the Court’s own observation. The charge of the Court should never assume the truth of any controverted issue of fact.
¶8In Lankford v. State, 93 Tex.Cr.R. 442, 248 S.W. 389, this Court, speaking through Judge Lattimore, said:
“It is the settled law in this state that when evidence of collateral crimes is introduced for one of the various purposes for which such evidence becomes admissible, the jury should be instructed that they cannot consider against the defendant such collateral crimes, unless it has been shown to their satisfaction that the accused is guilty thereof. … and the jury should have been told that they could not consider as a guilty circumstance appellant’s selling intoxicating liquor in violation of law on the dates named, unless such guilt was shown by legal evidence beyond a reasonable doubt.”
¶9See Miller v. State, 122 Tex.Cr.R. 59, 53 S.W.2d 790, 791; Nichols v. State, 138 Tex.Cr.R. 324, 136 S.W.2d 221; Vaughn v. State, 135 Tex.Cr.R. 205, 118 S.W.2d 312.
¶10While it would have perhaps been desirable if the appellant had tendered to the trial court a special requested charge on this matter, similar to the one set forth in Willson’s Criminal Forms, 7th Ed., Sec. 3601, p. 596, or McClung, Jury Charges for Texas Criminal Practice, 1964, p. 207, it should be borne in mind that since the 1953 amendment to Article 658, supra (now Article 36.14, V.A.C.C.P.), it is not necessary for the defendant or his counsel to present special requested charges to preserve or maintain any error assigned to the charge.
¶11This Court should never overlook the practical fact that objections to charges are often made under the stress and strain of trial with admonishments of the Court to “move along” and to avoid any unnecessary delay. Further, written objections are often hurriedly drafted only after oral presentation to the Court of the defendant’s contentions concerning the charge and it becomes clear from the discussion with the Court and the prosecutor that the charge will not be amended in accordance with the defense counsel’s requests or suggestions.
¶12Each case must be tested in a measure by its own facts, the charge given and the objection thereto. The fact that this Court has on a number of occasions considered objections to the charge as being upon the weight of evidence and found them insufficient cannot be controlling here.
¶13In none of the cases cited by the majority is both the charge complained of and the objection set out in the opinion as in the case at bar. In none of the cases so cited was the charge found to be erroneous or improper, though it is acknowledged that error in the charge will not save an otherwise insufficient objection.
¶14In James v. State, 86 Tex.Cr.R. 598, 219 S.W. 202, this Court, in construing the language of the statute with which we are *517here concerned, and which has remained unchanged since its original enactment, said:
“In writing the statute (Article 735, C.C. P.) the Legislature had in mind that the objections to the charge would be passed upon by the trial judge acquainted with the facts of the case and the law applicable thereto and the terms in which the charge prepared by him was framed. The objects sought were to let the trial judge know in what respect the accused regarded the charge as faulty, to afford opportunity to correct it, and to make unavailable to the accused objections to the charge not made at the trial. These in the instant case, we think, were satisfied. The particular paragraph of the charge was pointed out, and the objection thereto distinctly specified within the meaning of the statute. Clarendon [Land, Investment & Agency Co.] v. McClelland, 86 Tex. [179,] 192, 23 S.W. 576, 1100, 22 L.R.A. 105, and annotations thereof in 4 Rose’s Notes on Texas Reports, p. 494. The statute should not he given a construction so technical as to deny the right of review on appeal, where a substantial compliance is shown and its end practically accomplished. [Chicago, R. I. & G.] Railway v. Pemberton, 106 Tex. [463,] 466, 161 S.W. 2, 168 S.W. 126.” (emphasis supplied)
¶15To hold the objection here in question insufficient, in light of the record before us, is to give to Article 36.14, supra, a more restrictive effect than is warranted by its language.
¶16Since the “other acts” were admissible as a part of the res gestae, the Court could have properly refused a request for an instruction limiting the evidence of other offenses. See Martinez v. State, 157 Tex. Cr.R. 603, 252 S.W.2d 186, and authorities cited therein. Having, however, decided to so charge the jury and single out such other acts, the trial court should have responded to the objection made that his charge was a comment on the weight of the evidence. The fact that the appellant was harmed by the Court’s action in assuming his guilt of the “other acts” is evidenced by the maximum penalty imposed by the jury.