Ragon v. State

OPINION

DALLY, Commissioner.

The conviction is for the felony offense of shoplifting; the punishment, three years’ imprisonment.

The sole ground of error presented is:

“The instruction to the jury does not require the jury to find the existence of a constituent element of the offense charged and is therefore fundamentally defective.”

The indictment alleges that the appellant was an “invitee and licensee” on the premises where the alleged shoplifting occurred. In instructing the jury the Court’s charge on this element of the offense authorized conviction of the appellant if he was either an…