Bath v. State
In Bath v. State, 951 S.W.2d 11, 24 (Tex. App.--Corpus Christi 1997, writ ref'd), cert. denied, 525 U.S. 829 (1998), the court upheld a trial court's refusal to submit the defendant's requested charge, which would have inquired whether the jury was convinced that a witness had an adequate opportunity to observe the person who committed the crime and noted the variables impacting "adequate opportunity."
The court in that case held that such a charge would direct attention to specific parts of the testimony and would constitute an improper comment on the evidence. Id.
In addition, the court held that the defendant's rights were adequately protected by the trial court's instruction that the jury must find the defendant guilty of each element of the offense beyond a reasonable doubt. Bath, 951 S.W.2d at 24-25.