SHAW v. STATE

No. 53783.

557 S.W.2d 305 (1977)

Thomas Walter SHAW, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 2, 1977.


Attorney(s) appearing for the Case

Joe Bob Golden, Jasper, for appellant.

Bill A. Martin, Dist. Atty. and Monte D. Lawlis, Asst. Dist. Atty., Jasper, Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

GREEN, Commissioner.

In a trial before a jury appellant was convicted of burglary of a building. V.T. C.A. Penal Code, Sec. 30.02. Punishment was assessed at twenty years and a fine of ten thousand dollars.

A review of the appellate record discloses fundamental error in the court's charge to the jury at the guilt stage, which error we should consider in the interest of justice. See Art. 40.09, Sec. 13, V.A.C.C.P.; Harris v. State,...

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