Gutierrez v. State

ON MOTION FOR REHEARING

MORRISON, Judge.

The offense is defrauding with a worthless check; the punishment, 2 years.

All prior opinions are withdrawn.

In view of our disposition of this case, a recitation of the facts is not deemed necessary.

The indictment alleged that by the delivery of the check set forth in the indictment with the intent to defraud, appellant obtained certain property from the injured party. It further alleged that appellant fraudulently represented to the injured party that the check was good, which representation was false, and that the injured party at the time of its…