Essie B. Clark v. Raymond K. Procunier, Director, Texas Department of Corrections

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. Because Clark had pleaded guilty to two prior felony charges, he was sentenced to life imprisonment under the Texas habitual offender…