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Barnes v. State

513 S.W.2d 850 (1974)

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Barnes v. State

Texas Court of Criminal Appeals
513 S.W.2d 850 (1974)

  • Written by Liz Nakamura, JD

Facts

Officer Barnes, a Dallas police officer, was engaged by Republic National Bank (RNB) to transport visiting bankers around town during his off-duty hours. RNB assigned Officer Barnes a new Plymouth automobile for the assignment. One night, after completing a transportation run, Officer Barnes parked the Plymouth, left the keys in the ignition, and stood approximately 30 feet away with a group of other officers, all dressed in plain clothes. Marshall Barnes (defendant) snuck into the Plymouth, closed the door, started the car, and placed his hands on the steering wheel. Marshall was stopped before he could move the Plymouth out of its parking spot. Marshall was charged and convicted of felony theft of an automobile. Marshall appealed, arguing that his conviction should be reversed because he never took the Plymouth from its original location.

Rule of Law

Issue

Holding and Reasoning (Jackson, J.)

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