Thomas v. State

OPINION ON STATE'S MOTION FOR REHEARING

McCORMICK, Judge.

On original submission this cause was reversed based on a motion to quash. Succinctly stated, the motion to quash directs itself to two statutory elements of theft, to wit: “owner” and “without effective consent.” Appellant argued that, since the statutory definitions include various types of owners and several means of proving lack of effective consent, the indictments should be quashed. The panel agreed with appellant and found reversible error in the trial court’s overruling the motion to quash. We now grant rehearing, and upon…