Bermen v. State

I respectfully dissent to the majority’s disposition of appellant’s first point of error, which I would overrule. Instead, I would reverse and remand the cause for a new trial based on appellant’s second point of error.

Appellant argues that the State did not prove the allegation in the indictment that he “knowingly escape[d] ... after [he] was charged with the offense of Theft....” (Emphasis added.) He points to the fact that the complaint was filed at 4:07 p.m., approximately three hours after the jail guards determined that he was missing.

The Texas Penal Code does not define the words…