Phillips v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction of theft. Punishment was assessed at 10 years.

In his fifth ground of error appellant challenges the sufficiency of the evidence to sustain the conviction based on the State’s failure to prove the property was obtained without the effective consent of the owner.

V.T.C.A., Penal Code Sec. 31.03 states in part:

“(a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.

“(b) Appropriation of property is unlawful if:

“(1) it is without the owner’s effective consent; (Emphasis added.)

Further…