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The charge omitted the two words "or premises." By omitting the two words and thus giving the jury an incorrect statement of the law, the charge as issued required that appellant both own the premises and have them under her control; the omission of these words constituted egregious error by both going to the basis of the case and vitally affecting appellant's defensive theory.
December 20, 2004 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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