CLARK v. PROCUNIER

No. 84-1575. Summary Calendar.

755 F.2d 394 (1985)

Essie B. CLARK, Petitioner-Appellant, v. Raymond K. PROCUNIER, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 18, 1985.


Attorney(s) appearing for the Case

Lucius D. Bunton Jr. (court-appointed), Austin, Tex., for petitioner-appellant.

Jim Mattox, Atty. Gen., Robert S. Walt, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before RUBIN, RANDALL, and TATE, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

Because the evidence on which the Texas state prisoner was convicted of burglary in 1972 was insufficient, despite its being viewed most favorably to the state, to prove his guilt of that offense as defined by state law, we reverse the district court and grant the application for a writ of habeas corpus.

In June 1972, a jury in the 147th Judicial District Court of Travis County, Texas, found Essie B. Clark guilty of burglary...

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