Jimmy Howlett, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals of Texas affirmed the trial court's conviction, holding that the trial court was not required to give a jury instruction on the statute of limitations because the undisputed evidence showed the illegal gas diversion continued through the indictment date, leaving no factual issue for the jury. The Court also applied the law‑of‑the‑case doctrine to uphold the lower appellate court's determination that the offense was a continuing one. Justice Johnson dissented, arguing that the limitations issue was vigorously contested and that the majority improperly denied a required instruction.