Rehearing and Rehearing En Banc Denied July 6, 1983.
ALVIN B. RUBIN, Circuit Judge:
The jury instructions in Wesley Joe Tarpley's state criminal trial permitted the jury to convict him of a crime with which he was not charged. Because we conclude that the instructions thereby abridged Tarpley's sixth and fourteenth amendment right to notice of the charges against him, we reverse the district court's denial of his petition for a writ of habeas corpus.
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