Holloway v. State

Appellant was convicted of burglary and argues that the trial court erred in instructing the jury, in response to a question, that it was not to consider the value of the property which appellant allegedly intended to take. We reverse.

Appellant was caught inside fenced property owned by Frito-Lay, Inc., holding an empty garbage bag, and standing by a dumpster into which Frito-Lay routinely placed out-of-date chips. Appellant admitted he was going to take the chips from the dumpster. Frito-Lay had adopted the procedure of keeping the out-of-date chips in a dumpster in an enclosed area, rather…