OPINION
DALLY, Commissioner.
A post conviction application for writ of habeas corpus has been filed pursuant to the provisions of Art. 11.07, V.A.C.C.P. The petitioner was convicted for the offense of burglary of a habitation; punishment is imprisonment for 99 years.
The petitioner alleges that the indictment is fatally defective in that it fails to allege a culpable mental state. The indictment alleges that the appellant: "... did then and there...
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