OPINION
PHILLIPS, Judge.
This is a post-conviction application for a writ of habeas corpus. Article 11.07, V.A.C. [381]*381C.P. Petitioner was originally convicted for the unlawful possession of marihuana on a plea of not guilty to a jury. Article 725b, V.A.P.C. (1925). The jury assessed petitioner’s punishment at 25 years’ imprisonment.
On April 21,1976, petitioner filed an original application for writ of habeas corpus in the 143rd Judicial District Court of Ward County. After conducting an evidentiary hearing, the district judge 1 found that the same attorney represented the petitioner and his co-defendant; that an exculpatory letter as to petitioner was written by his co-defendant, delivered to the district attorney and subsequently disclosed to petitioner’s trial attorney at a pretrial conference held one week before trial; and that the trial attorney did not call or subpoena the petitioner’s co-defendant and author of the letter. The district judge concluded that, as a matter of law, the trial attorney had a conflict of interest through his dual representation so as to deny petitioner his right to due process of law.
By per curiam order of July 13,1977, this Court remanded this cause to the district court for another evidentiary hearing to develop the “conflict of interest” issue. A hearing was conducted on November 29, 1977. The petitioner’s co-defendant and author of the exculpatory letter was subpoenaed but failed to appear since he was outside this State and had no funds to make the trip. He is still under indictment for the same offense of marihuana possession. As a result, only petitioner and his original trial attorney testified at the second eviden-tiary hearing.
The district judge 2 found again that the co-defendant was not called or subpoenaed for petitioner’s trial and, in addition, that the omission of trial counsel was a result of his dual representation. He further found that the testimony of petitioner’s co-defendant, if elicited, would have created a reasonable doubt as to petitioner’s guilt; that petitioner’s trial attorney did not discuss the concept of a conflict of interest with petitioner; and that petitioner’s co-defendant’s signature is on the exculpatory letter. The district judge concluded, as a matter of law, that there was a conflict of interest on petitioner’s trial attorney’s part which denied petitioner his right to due process of law. Both district judges recommend the granting of habeas corpus relief.
Petitioner complains of a conflict of interest on the part of his retained attorney.3 A conflict of interest resulting from one attorney’s dual representation of defendants charged with the same offense does not mandate reversal of a conviction unless the conflict resulted in ineffective assistance of counsel. Stutes v. State, Tex.Cr.App., 530 S.W.2d 309; Hargett v. State, Tex.Cr.App., 534 S.W.2d 909; Porter v. U. S., 298 F.2d 461 (5th Cir. 1962); Foxworth v. Wainwright, infra; Horowitz v. Hender[382]*382son, 514 F.2d 740 (5th Cir. 1975); U. S. v. Foster, 469 F.2d 1 (1st Cir. 1972). The quality of assistance delivered by retained counsel is measured in terms of that counsel’s adherence to any legal duties imposed upon him vis-a-vis his client. Ex parte Raley, Tex.Cr.App., 528 S.W.2d 257. The applicable legal duties of Texas attorneys who find themselves representing co-defendants are set forth in the State Bar of Texas’ Code of Professional Responsibility.
“DR 5-105. Refusing to Accept or Continue Employment if the Interests of Another Client May Impair the Independent Professional Judgment of the Lawyer.
“(A) A lawyer shall decline proffered employment if the exercise of his independent professional judgment in behalf of a client will be or is likely to be adversely affected by the acceptance of the proffered employment, except to the extent permitted under DR 5-105(C).
“(B) A lawyer shall not continue multiple employment if the exercise of his independent professional judgment in behalf of a client will be or is likely to be adversely affected by his representation of another client, except to the extent permitted under DR 5-105(C).
“(C) In the situations covered by DR 5-105(A) and (B), a lawyer may represent multiple clients if it is obvious that he can adequately represent the interest of each and if each consents to the representation after full disclosure of the possible effect of such representation on the exercise of his independent professional judgment on behalf of each.” State Bar Rules, Appendix to V.A. C.S., Title 14, Art. 12, Sec. 8.
See Pete v. State, Tex.Cr.App., 533 S.W.2d 808.
At least at the time of the March 8,1973, pretrial conference, trial counsel in this case was aware of a conflict. It was then that the exculpatory letter was provided for the trial counsel’s review.4 Trial counsel had no [383]*383recollection of discussing any possible conflict of interest with the petitioner and the petitioner denied having been apprised of any possible conflict of interest or “possible effect[s] of such [dual] representation.” 5 It is arguable that the conflict of interest from trial counsel’s dual representation resulted in his failure to introduce the exculpatory letter into evidence or to place his other fee-paying client on the stand to testify on behalf of petitioner. Cf. Hargett v. State, supra. It is apparent that petitioner was prejudiced by his trial counsel’s failure to even attempt the introduction of the exculpatory letter. We are foreclosed from analyzing the degree of prejudice resulting from the conflict of interest for the purposes of determining whether reversible error is shown:
“The right to have the assistance of counsel is too fundamental and absolute to allow courts to indulge in nice calculations as to the amount of prejudice arising from its denial.” Glasser v. U. S., 315 U.S. 60 at 76, 62 S.Ct. 457 at 467, 86 L.Ed. 680 (1942).
In Porter v. U. S., supra, at 463, it was stated:
“[Effective] representation is lacking, however, if counsel, unknown to the accused and without his knowledgeable assent, is in a duplicitous position where his full talents — as a vigorous advocate having the single aim of acquittal by all means fair and honorable — are hobbled or fettered or restrained by commitments to others.” (Emphasis added)
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OPINION
PHILLIPS, Judge.
This is a post-conviction application for a writ of habeas corpus. Article 11.07, V.A.C. [381]*381C.P. Petitioner was originally convicted for the unlawful possession of marihuana on a plea of not guilty to a jury. Article 725b, V.A.P.C. (1925). The jury assessed petitioner’s punishment at 25 years’ imprisonment.
On April 21,1976, petitioner filed an original application for writ of habeas corpus in the 143rd Judicial District Court of Ward County. After conducting an evidentiary hearing, the district judge 1 found that the same attorney represented the petitioner and his co-defendant; that an exculpatory letter as to petitioner was written by his co-defendant, delivered to the district attorney and subsequently disclosed to petitioner’s trial attorney at a pretrial conference held one week before trial; and that the trial attorney did not call or subpoena the petitioner’s co-defendant and author of the letter. The district judge concluded that, as a matter of law, the trial attorney had a conflict of interest through his dual representation so as to deny petitioner his right to due process of law.
By per curiam order of July 13,1977, this Court remanded this cause to the district court for another evidentiary hearing to develop the “conflict of interest” issue. A hearing was conducted on November 29, 1977. The petitioner’s co-defendant and author of the exculpatory letter was subpoenaed but failed to appear since he was outside this State and had no funds to make the trip. He is still under indictment for the same offense of marihuana possession. As a result, only petitioner and his original trial attorney testified at the second eviden-tiary hearing.
The district judge 2 found again that the co-defendant was not called or subpoenaed for petitioner’s trial and, in addition, that the omission of trial counsel was a result of his dual representation. He further found that the testimony of petitioner’s co-defendant, if elicited, would have created a reasonable doubt as to petitioner’s guilt; that petitioner’s trial attorney did not discuss the concept of a conflict of interest with petitioner; and that petitioner’s co-defendant’s signature is on the exculpatory letter. The district judge concluded, as a matter of law, that there was a conflict of interest on petitioner’s trial attorney’s part which denied petitioner his right to due process of law. Both district judges recommend the granting of habeas corpus relief.
Petitioner complains of a conflict of interest on the part of his retained attorney.3 A conflict of interest resulting from one attorney’s dual representation of defendants charged with the same offense does not mandate reversal of a conviction unless the conflict resulted in ineffective assistance of counsel. Stutes v. State, Tex.Cr.App., 530 S.W.2d 309; Hargett v. State, Tex.Cr.App., 534 S.W.2d 909; Porter v. U. S., 298 F.2d 461 (5th Cir. 1962); Foxworth v. Wainwright, infra; Horowitz v. Hender[382]*382son, 514 F.2d 740 (5th Cir. 1975); U. S. v. Foster, 469 F.2d 1 (1st Cir. 1972). The quality of assistance delivered by retained counsel is measured in terms of that counsel’s adherence to any legal duties imposed upon him vis-a-vis his client. Ex parte Raley, Tex.Cr.App., 528 S.W.2d 257. The applicable legal duties of Texas attorneys who find themselves representing co-defendants are set forth in the State Bar of Texas’ Code of Professional Responsibility.
“DR 5-105. Refusing to Accept or Continue Employment if the Interests of Another Client May Impair the Independent Professional Judgment of the Lawyer.
“(A) A lawyer shall decline proffered employment if the exercise of his independent professional judgment in behalf of a client will be or is likely to be adversely affected by the acceptance of the proffered employment, except to the extent permitted under DR 5-105(C).
“(B) A lawyer shall not continue multiple employment if the exercise of his independent professional judgment in behalf of a client will be or is likely to be adversely affected by his representation of another client, except to the extent permitted under DR 5-105(C).
“(C) In the situations covered by DR 5-105(A) and (B), a lawyer may represent multiple clients if it is obvious that he can adequately represent the interest of each and if each consents to the representation after full disclosure of the possible effect of such representation on the exercise of his independent professional judgment on behalf of each.” State Bar Rules, Appendix to V.A. C.S., Title 14, Art. 12, Sec. 8.
See Pete v. State, Tex.Cr.App., 533 S.W.2d 808.
At least at the time of the March 8,1973, pretrial conference, trial counsel in this case was aware of a conflict. It was then that the exculpatory letter was provided for the trial counsel’s review.4 Trial counsel had no [383]*383recollection of discussing any possible conflict of interest with the petitioner and the petitioner denied having been apprised of any possible conflict of interest or “possible effect[s] of such [dual] representation.” 5 It is arguable that the conflict of interest from trial counsel’s dual representation resulted in his failure to introduce the exculpatory letter into evidence or to place his other fee-paying client on the stand to testify on behalf of petitioner. Cf. Hargett v. State, supra. It is apparent that petitioner was prejudiced by his trial counsel’s failure to even attempt the introduction of the exculpatory letter. We are foreclosed from analyzing the degree of prejudice resulting from the conflict of interest for the purposes of determining whether reversible error is shown:
“The right to have the assistance of counsel is too fundamental and absolute to allow courts to indulge in nice calculations as to the amount of prejudice arising from its denial.” Glasser v. U. S., 315 U.S. 60 at 76, 62 S.Ct. 457 at 467, 86 L.Ed. 680 (1942).
In Porter v. U. S., supra, at 463, it was stated:
“[Effective] representation is lacking, however, if counsel, unknown to the accused and without his knowledgeable assent, is in a duplicitous position where his full talents — as a vigorous advocate having the single aim of acquittal by all means fair and honorable — are hobbled or fettered or restrained by commitments to others.” (Emphasis added)
The Fifth Circuit also embraces the intent of DR 5-105(C) in their holding that “full disclosure is required — not only of the dual representation, but of all the likely consequences flowing from the differing defenses.” Horowitz v. Henderson, supra, at 743.6
[384]*384There can be no strategic or tactical benefit in withholding exculpatory evidence from a jury which is deciding whether the attorney’s client is guilty or innocent.
Beyond the issue of whether petitioner’s counsel violated legal duties he owed petitioner in failing to disclose the likely consequences of his dual representation, the State Bar Rules set forth other obligations which petitioner’s trial counsel arguably neglected in his representation of petitioner. DR 7-101(A)(l) provides in pertinent part:
“A lawyer shall not intentionally: (1) Fail to seek the lawful objectives of his client through reasonably available means permitted by law and the Disciplinary Rules, except as provided by DR 7-101(B).”
DR 7 — 101(A)(3) provides as follows:
“A lawyer shall not intentionally: (3) Prejudice or damage his client during the course of the professional relationship, except as required under DR 7-102(B).”
DR 7-101(B) provides:
“(B) In his representation of a client, a lawyer may:
“(1) Where permissible, exercise his professional judgment to waive or fail to assert a right or position of his client.
“(2) Refuse to aid or participate in conduct that he believes to be unlawful, even though there is some support for an argument that the conduct is legal.”
Since it has been established that the petitioner was not apprised of the likely consequences of the conflict of interest arising from trial counsel’s dual representation, it would not be possible for petitioner to knowingly waive the' introduction of the exculpatory letter under the conditions expressed in the aforementioned cases and Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938). Neither is it arguable that the introduction of the exculpatory letter would be unlawful. Therefore, trial counsel’s conduct in this case cannot be excused under the ambit of DR 7-101(B).
Further, the ABA’s Standards Relating to The Defense Function, Secs. 1.1(b) and 1.6 provide as follows:
“1.1(b) The basic duty the lawyer for the accused owes to the administration of justice is to serve as the accused’s counselor and advocate, with courage, devotion and to the utmost of his learning and ability, and according to law.
******
“1.6 Whether privately engaged, judicially appointed or serving as part of a legal aid system, the duties of a lawyer to his client are to represent his legitimate interests, and considerations of personal and professional advantage should not influence his advice or performance.”
With respect to this addendum, the trial counsel’s testimony at the evidentiary hearing is illuminating. When asked why the letter was not introduced at the trial of petitioner, his trial counsel responded, “How could it have been?” On cross-examination the following exchange occurred:
[385]*385“Q All right. At any rate, do you recall Mr. Alaniz mentioning or suggesting that you should introduce the letter and you refused to try to introduce the letter, or anything of that nature?
“A Well, the only way you are going to produce the letter, it looks to me like, is to bring the Defendant.”
It should be noted at this point that the admission of the letter into evidence does not necessarily require the physical presence and testimony of the author. The authenticity of the correspondence can be proven by circumstantial or other evidence. See generally: 2 Wharton’s Criminal Evidence (11th Edition), Sec. 807, et seq., pp. 1391 — 1394; 23 Tex.Jur.2d, Evidence, Sec. 309, et seq.; and 29 Am.Jur.2d, Evidence, Sec. 879. Further, any objections to the letter as hearsay could be overcome by virtue of the declarations against penal interest expressed therein.
We must conclude, therefore, that petitioner’s trial attorney labored under a conflict of interest which hindered his discharge of legal obligations owed to the petitioner and, as a consequence, petitioner was denied due process and course of law.
The relief sought is granted. The judgment of conviction is reversed and the cause is remanded.