(dissenting). It is with regret that I must record my disagreement with Judge Holbrook, because for the most part I am in full agreement with his opinion.
However, I feel myself obligated to dissent. When the testimony as to a similar offense in this type of case is admitted, even without objection, I regard it mandatory that the trial judge instruct the jury as to the limited purpose for which it was admitted, irrespective of a request therefor.
It may be that, as Mr. Justice Holmes is supposed to have said, “Consistency is the bugaboo of small minds”.* 1 *But, if I was wrong in People v. Kelly2 I will of necessity be consistently wrong here.
*222I hold that in the prosecution for this sex offense, defendant was entitled to the instruction despite the absence of the request. Therefore, I would reverse and remand for a new trial, adding hopefully that the conflict between our holdings on the point will be settled by our Supreme Court.
The sentiment is attributed originally to Ralph Waldo Emerson who phrased it, “A foolish consistency is the hobgoblin of little minds, * * * .” Bartlett, Familiar Quotations (Little, Brown & Company ed 1955), p 501.