Dennis v. State

The opinion of the Court is so expansive that it makes our problem appear to be more complicated than it is, and then obfuscates its own solution. It seems to me there is a better way to resolve the problem.

In pertinent part the indictment at issue alleges that appellant did

“intentionally and knowingly appropriate ... property ... knowing said property to be stolen by another and with intent to deprive the owner ... of said property.”1

Under V.T.C.A. Penal Code, § 31.03(a) and (b)(2)

“A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of…