Lang v. State

GUITTARD, Chief Justice.

Raymond Lang was convicted by a jury of theft of a ring. He complains that the charge was fundamentally defective and that the evidence is insufficient to support the verdict. Although we find that the evidence is sufficient, we conclude that a reversal is required because the charge is fundamentally erroneous in authorizing conviction on a theory not alleged in the indictment.

Facts

The complaining witness, Cathy Moore-head, was seated in a restaurant with friends when appellant sat down and engaged them in conversation. Moorehead was wearing a gold ring with a small…