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

Summary

The Court affirmed the theft conviction, holding that the security guard did not have a greater right to possession than the cashier, that the cashier was the owner under the statutory definition, and that the State proved beyond a reasonable doubt that the cashier appropriated the merchandise without consent. Justice Clinton dissented, arguing that the majority’s reliance on the "greater right to possession" theory is a fictional construct and that the employee lacks a possessory interest in the employer’s property.