Harris v. State

OPINION

MURPHY, Justice.

Ricky Lee Harris appeals his conviction of the offense of unlawful use of a criminal instrument for which the jury assessed punishment of three years probation and a fine of $4500.00. In five points of error, appellant claims error in the trial court’s denial of his motion for instructed verdict and in the jury charge. Because we find the trial court should have granted appellant’s motion for instructed verdict on the ground that there was no evidence to show that the electric service meter lockband key constituted a criminal instrument, we reverse.

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