Byrd v. State

Dissenting opinion by

REBECCA SIMMONS, Justice,

joined by CATHERINE STONE, Chief Justice, and SANDEE BRYAN MARION, Justice.

Dissenting opinion by REBECCA SIMMONS, Justice, joined by CATHERINE STONE, Chief Justice, and SANDEE BRYAN MARION, Justice.

Although this misdemeanor case seems small, the ramification of the majority opinion is large. In this case the jury was charged to find the defendant guilty if the State proved, beyond a reasonable doubt, that Lavonne Byrd:

“with the intent to deprive the owner, Mike Morales, of property, ... did unlawfully, without the effective consent of the owner,…