Durden v. State

In Durden v. State, 290 S.W.3d 413, 415 (Tex. App.--Texarkana 2009, no pet.), the accused was charged with theft of copper wire. According to the accused, he was walking across a vacant lot when he found a wheelbarrow filled with copper wire. Id. He testified he thought the wire was abandoned. Id. The Texarkana court found that the accused's mistaken belief that the wire was abandoned was some evidence that, if believed, would negate the element of theft that the accused intended to deprive the rightful owner of the property. Id. at 419.