Ex Parte Harris

OPINION

PHILLIPS, Judge.

This is an application for a writ of habeas corpus brought pursuant to Article 11.07, V.A.C.C.P.

In 1973 petitioner was convicted of murder with malice and sentenced to 5000 years’ imprisonment. Prior to trial a hearing was held to determine whether appellant was sane at the time of trial. Petitioner urges that the court’s charge to the jury at the pretrial competency hearing was fundamentally erroneous, and denied him due process of law under the Fourteenth Amendment to the United States Constitution and Article I, Section 19 of the Texas Constitution.

In its charge to…