Jackson v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for theft; punishment, enhanced by proof of two prior convictions, was fixed at life.

In her first ground of error appellant challenges the jury charge at the guilt stage of the trial as fundamentally defective. The indictment alleged theft by exercising control over property other than real property without the owner’s effective consent. V.T.C.A., Penal Code Secs. 31.01(5), 31.03(a), (b)(1). The jury charge instructed on theft by appropriating the property. The definition of “appropriate” in Sec. 31.-01(5), supra, includes “to acquire or…