Shaw v. State

OPINION

GREEN, Commissioner.

In a trial before a jury appellant was convicted of burglary of a building. V.T. C.A. Penal Code, Sec. 30.02. Punishment was assessed at twenty years and a fine of ten thousand dollars.

A review of the appellate record discloses fundamental error in the court’s charge to the jury at the guilt stage, which error we should consider in the interest of justice. See Art. 40.09, Sec. 13, V.A.C.C.P.; Harris v. State, Tex.Cr.App., 522 S.W.2d 199; Morter v. State, Tex.Cr.App., 551 S.W.2d 715; Peoples v. State, 548 S.W.2d 893; Windham v. State, Tex.Cr.App., 530 S.W.2d 111.

The…