## Facts

- A bank hired off-duty Dallas police officers to transport visiting bankers using a new Plymouth automobile worth more than $50.
- On October 10, 1972, an officer parked the Plymouth on Main Street in Dallas, left the keys in the ignition, and stood about 30–40 feet away with other officers.
- Officers testified the defendant entered the driver’s side, closed the door, started the engine, and placed his hands on the steering wheel.
- Officers immediately removed the defendant from the car before it moved from the parking place.
- The defendant testified he did not enter the car and claimed he was intoxicated, became sick, vomited, and merely leaned against the car; officers denied he appeared drunk or sick.
- The defendant was convicted of felony theft of an automobile.
- At punishment, the State proved two prior burglary convictions; the court assessed life imprisonment under the habitual offender statute.

## Issues

1. Whether the evidence was sufficient to prove a “taking” of an automobile for theft when the defendant was stopped before the car was moved.

## Decision

- The court affirmed the conviction and life sentence.
- It held the evidence supported a “taking” because the defendant brought the automobile under his possession and control by entering, closing the door, starting the engine, and taking control of the steering wheel.
- It rejected the argument that removal or movement of the vehicle was required.

## Legal Principles

- Under Texas theft law then in effect, a “taking” does not require removal of property any distance from the place of seizure.
- A “taking” is complete when the accused obtains complete possession and control of the property to the exclusion of the owner, even if only momentary and even if the property remains in the owner’s presence.
- Conflicting testimony about whether the defendant entered the vehicle presents a credibility question for the factfinder; appellate review assesses legal sufficiency under the governing definition of “taking.”

## Conclusion

The court upheld the felony auto theft conviction and habitual-offender life sentence because theft was complete once the defendant momentarily exercised exclusive possession and control of the car, notwithstanding that officers intervened before the car moved.


Barnes v. State, 513 S.W.2d 850 (Tex. Crim. App. 1974)