Gwendolyn Elaine Freeman, Appellant v. the State of Texas, Appellee

Summary

The Court affirmed Freeman's theft conviction, holding that under the Texas theft statute the State must prove that the alleged owner had the greater right to possession at the time of the offense and that Bourke, as security guard, possessed that greater right. The majority relied on the statutory definition of "owner" and found the State met its burden; a dissent argued that the majority's "greater right to possession" theory is a fiction.