Burnett v. State

Banke, Judge.

Appellant was convicted of theft by shoplifting upon an indictment alleging that he "did conceal the merchandise of J. C. Penney... consisting of Twenty-Four Bottles of Cologne and Two Bottles of After-Shave Lotion ... with the intention of appropriating the said merchandise to his own use without paying for the same ...” On appeal he complains that the trial court’s charge defining the offense was impermissibly broader than the indictment. Appellant also complains that the charge was based upon a former, now repealed version of the present statute.

The trial court charged that…