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EX PARTE ABBEY

No. 58266.

574 S.W.2d 104 (1978)

Ex parte Frank G. ABBEY, Jr.

Court of Criminal Appeals of Texas, Panel No. 3.

December 6, 1978.

OPINION

ROBERTS, Judge.

This is a post-conviction habeas corpus application. See Art. 11.07, Vernon's Ann. C.C.P. Petitioner contends that the information in this case is fundamentally defective.1 The trial court agrees with this contention and recommends that relief be granted on this basis. We hold that the information fails to allege a necessary element of the offense charged and is therefore fundamentally defective. Accordingly...

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