Legal Opinion

Wells v. State

Court of Criminal Appeals of Texas

Decided December 23, 1980No. 57566Published

1Opinion

*202OPINION ON STATE’S MOTION FOR REHEARING

DOUGLAS, Judge.

On original submission, the panel reversed three theft convictions on the ground that the State failed to prove that “3-W Appliance & Service, Inc.,” the alleged owner, did not consent to appellant’s appropriating corporate funds to his own use.

If the panel opinion were adopted, it would in effect make a corporate charter a license to steal, because it would be impossible to commit theft from a corporation.

A corporation can be an owner of property under V.T.C.A., Penal Code, Section 1.07(24), which provides that “owner” means a person and…

2Cases cited11 opinions

  1. Carrillo v. StateCourt of Criminal Appeals of Texas · 1978
  2. Taylor v. StateCourt of Criminal Appeals of Texas · 1974
  3. Easley v. StateCourt of Criminal Appeals of Texas · 1959
  4. Middleton v. StateCourt of Criminal Appeals of Texas · 1972
  5. Kirvin v. StateCourt of Criminal Appeals of Texas · 1978

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