Arnold v. State (1993)
In Arnold v. State, 867 S.W.2d 378 (Tex. Crim. App. 1993), the court of criminal appeals determined that, although the penal code requires only that the defendant enter or remain on the property of another, "if the State unnecessarily alleges ownership of the property, the State assumes the burden of proving that allegation." Id. at 379.
The court of criminal appeals then determined that the State may prove such ownership by establishing that the complainant had a greater right to possession of the property than the defendant. Id.