We have a case where a defendant burglarized a house that was owned by a deceased person. As of the date of the burglary, the house had not been awarded to any family and no one was living there. We do have someone who was described as a "care taker" of the property but that person is not related to the decedent and we can no longer contact him. In this kind of case, who should be listed in the indictment as the owner of the property?
We have a confession, just trying to decide how to indict it.
The San Antonio appeals court says the owner's name is not an element of the offense of theft so maybe that logic works for burglary.
Byrd v. State
... it was a 4-3 so a reversal seems possible.
Look at Article 21.08
For anyone that later finds this thread in a search:
[...] When the property belongs to the estate of a deceased person, the ownership may be alleged to be in the executor, administrator or heirs of such deceased person, or in any one of such heirs. Where the ownership of the property is unknown to the grand jury, it shall be sufficient to allege that fact.
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