Gibson v. State

OPINION

PHILLIPS, Judge.

This is an appeal from a conviction for theft by check of services of a value of over $200 (V.T.C.A. Penal Code §§ 31.04 and 31.06). Appellant was indicted under the habitual offender statute. Punishment was assessed at life imprisonment.

The conviction in this case must be set aside because the evidence is insufficient to support the allegations in the indictment. The indictment alleged, in pertinent part, that appellant:... with intent to avoid payment for services, namely: food, lodging and beverage, services of the Holiday Inn — DFW Airport South, that he knew were…