State ex. rel. Hightower v. Smith

In State ex. rel. Hightower v. Smith, 671 S.W.2d 32 (Tex. 1984), the state property at issue in Hightower was the use of county vehicles and fuel. The defendant in that case, a county sheriff, had accepted a rent-free apartment in which he did not live. In return for the apartment, the sheriff ordered extra security checks-in-passing for the apartment complex. The Supreme Court considered whether prosecution is permitted when the unauthorized use arguably also benefits the public, and it held that public benefit from the misapplication of state property does not shield a defendant from criminal liability. "Willfully using state property for private benefit constitutes misapplication or misappropriation, even though the same activity constitutes a legitimate public function." Hightower, 671 S.W.2d at 35.