Legal Opinion · Dissent

Wells v. State

Court of Criminal Appeals of Texas

Decided December 23, 1980No. 57566Published

1DissentClinton, Judge

The result reached on original submission is, in my judgment, the correct one, and its rationale, once the existence,1 organization 2 and commencement of business3 of and by 3-W Appliance Sales & Service, Inc. (“3-W”) as a corporate entity are found,4 is impeccable. The simple rule applied is that the proof must show the alleged owner did not consent to the challenged taking of the stated property.

Now, with considerable hyperbole, the opinion for the majority would grant the State’s motion for rehearing and affirm the judgments of conviction. The claim made by the majority is belied by the…

2Cases cited4 opinions

  1. Easley v. StateCourt of Criminal Appeals of Texas · 1959
  2. Connelly v. StateCourt of Criminal Appeals of Texas · 1923
  3. Star Corporation v. General Screw Products Co.Court of Appeals of Texas · 1973
  4. Giles v. StateCourt of Criminal Appeals of Texas · 1924

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