Shirley Kramer v. Tom Price, Judge, County Criminal Court No. 5, and Carl Thomas, Sheriff, Dallas County, Texas

WISDOM, Circuit Judge:

This appeal from the grant of a writ of habeas corpus requires us to decide whether the Texas Harassment Statute under which the petitioner was convieted is void for vagueness in violation of the first and fourteenth amendments to the United States Constitution. We conclude that it is and affirm.

I

Shirley Kramer, the petitioner, was tried by a jury in state court and found guilty of harassment. Kramer and John Keiser lived together for several months during 1970. In 1971, Keiser married another woman, Anne, but Kramer continued to write to him frequently for three years…