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CULLUM v. STATE

No. 54993.

576 S.W.2d 87 (1979)

Horace George CULLUM, Jr., Appellant, v. The STATE of Texas, Appellee.

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

January 24, 1979.

Attorney(s) appearing for the Case

John P. Mustachio, Houston, for appellant.

Carol S. Vance, Dist. Atty., Alvin M. Titus and Henry K. Oncken, Asst. Dist. Attys., Houston, for the State.

Before DOUGLAS, ROBERTS and DALLY, JJ.

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for aggravated robbery, an offense denounced by V.T.C.A., Penal Code, Sec. 29.03.1 The punishment, enhanced by two prior felony convictions, was assessed at life imprisonment. See V.T.C.A., Penal Code, 12.42(d).

We are confronted at the outset with fundamental error in the jury charge which requires reversal in the...

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