Brown v. State

The evidence is legally insufficient to support the jury’s finding that the appellant committed the multiple thefts pursuant to one scheme or continuing course of conduct. To the holding of the majority that it is, I respectfully dissent.

Because of the unique facts of this cause, the majority should, but does not, construe the statutory phrase “pursuant to one scheme or continuing course of conduct”, which phrase is set out in V.T.C.A., Penal Code, Sec. 31.09. I find from the few cases appealed to this Court which have concerned the application of Sec. 31.09, supra, that this Court has not…