Proving ''Appropriation of Property'' Without Owner's Consent Cases
In Taylor v. State, 508 S.W.2d 393, 397 (Tex. Crim. App. 1974) lack of consent was circumstantially proven where the homeowner gave chase to burglars, fired a gun into the air, and apprehended them. Id.
In Williams v. State, 591 S.W.2d 873, 875 (Tex. Crim. App. 1979), lack of consent was proven by circumstantial evidence where the thief stuck a dress in his jacket and it hung down behind him as he walked out of the store.
More recently the First Court of Appeals held testimony of how the particular credit card scam was perpetrated was enough to allow a jury to infer the cardholder did not consent to manipulation of the card. Lee v. State, 962 S.W.2d 171, 174 (Tex. App.--Houston [1st Dist.] 1998, pet. ref'd, untimely filed).