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BRITTON v. STATE

No. 64198.

653 S.W.2d 438 (1983)

Norris BRITTON, Appellant, v. The STATE of Texas, Appellee.

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

July 13, 1983.

Attorney(s) appearing for the Case

D. Brooks Cofer, Jr., Bryan, for appellant.

Travis W. Bryan, III, Dist. Atty., W.W. Torrey and Jim James, Asst. Dist. Attys., Bryan, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before TOM G. DAVIS, McCORMICK and TEAGUE, JJ.

TEAGUE, Judge.

This is an appeal from a conviction for committing the offense of burglary of a habitation, see V.T.C.A. Penal Code, Sec. 30.02. A jury found appellant guilty of the offense and thereafter assessed his punishment, enhanced by a prior felony conviction, at 75 years' confinement in the penitentiary.

At the outset, we find ourselves confronted with a fundamentally defective jury charge, which error causes...

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