Freeman v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

TEAGUE, Judge.

The question that we must resolve is whether, for purposes of our theft statute, see chapter 31, Penal Code, at the time of the commission of the alleged offense, Marsha F. Bourke, a security guard employed by Sears, Roebuck and Company, had the greater right to possession of property owned by that company than did Gwendolyn Elaine Freeman, hereinafter referred to as the appellant, a fellow employee of Bourke’s who worked as a cashier-clerk at the same store, who was accused of stealing merchandise from the rightful lawful…