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EX PARTE CLARK

No. 62655.

597 S.W.2d 760 (1980)

Ex Parte Isom CLARK, Appellant.

Court of Criminal Appeals of Texas, En Bank.

Rehearing Denied May 14, 1980.

Attorney(s) appearing for the Case

Paul G. Johnson, Huntsville, for appellant.

Robert Huttash, State's Atty., Austin, for the State.

Before the Court en banc.

OPINION

ROBERTS, Judge.

This applicant was convicted of burglary of a vehicle, and we affirmed in an unpublished opinion. In this application for habeas corpus relief he for the first time draws attention to the fact that the court's charge to the jury completely failed to apply the law to the facts. The charge contains only abstract statements of law.

The failure of the charge to apply the law to the facts is a fundamental error that is not waived...

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