(concurring).
I concur in the result reached, but I feel that clarification on one of appellant’s grounds of errors is necessary.
I refer to the admission of the four photographs “for purposes of the record only” and the subsequent viewing of those photographs by the jury. When the jury inquired of the trial judge concerning these pictures, he should have acted at that point. Art. 36.27, V.A.C.C.P. The proper course of action would have been to respond to the question and then withdraw the exhibits. However, the failure to act was rendered harmless in this case because of the fact that the photographs would have been admissible during the course of the trial for the jury to view. I further question the meaningfulness of admitting evidence “for the record only” in such a case as this, where the purpose for doing so is certainly unclear.
ONION, P. J., joins in this opinion.