Gersh v. State

HOWELL, Justice.

In a bench trial, appellant was convicted of criminal mischief. On appeal, he argues that a presumption contained in the criminal mischief statute is unconstitutional as applied. We agree. Consequently, we reverse the judgment of the trial court and remand the cause for new trial.

Appellant was accused of violating section 28.03 of the Penal Code. The parts of the statute pertinent to this appeal read as follows:(a) A person commits an offense if, without the effective consent of the owner:

[[Image here]](2) he intentionally or knowingly tampers with the tangible property of the…