Williams v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for murder under the former Penal Code; punishment was assessed at life.

We find unassigned error that must be considered in the interest of justice. Art. 40.09(13), V.A.C.C.P.

The charge to the jury utterly failed to apply the law to the facts of the case.1 In Harris v. State, Tex.Cr.App., 522 S.W.2d 199 and Perez v. State, Tex.Cr.App., 537 S.W.2d 455, we held such error to be fundamental. We reaffirm those holdings and take this opportunity to further elaborate upon the reasons why this is the law.

There was no objection to the charge for…