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WILLIAMS v. STATE

No. 52335.

547 S.W.2d 18 (1977)

Jimmie Lee WILLIAMS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 9, 1977.

Attorney(s) appearing for the Case

Dan J. Anderson, Richardson, court appointed on appeal only, for appellant.

Henry Wade, Dist. Atty., Gary M. Love, Stephen P. Tokoly and Braden W. Sparks, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This is an appeal from a conviction for murder under the former Penal Code; punishment was assessed at life.

We find unassigned error that must be considered in the interest of justice. Art. 40.09(13), V.A.C.C.P.

The charge to the jury utterly failed to apply the law to the facts of the case.1 In Harris v. State, Tex.Cr.App., 537 199 and Perez v. State, Tex.Cr.App.,

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