McElroy v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

TEAGUE, Judge.

Mark P. Me Elroy, hereinafter referred to as the appellant, was convicted by a jury of violating the provisions of Art. 5472e, V.A.C.S., which was a trust type statute enacted to regulate a specific type of conduct on the part of contractors and subcontractors rather than to prohibit conduct in general.1 The Punishment assessed by the jury: 2½ years confinement in the Department of Corrections. After finding that the evidence was insufficient to sustain the conviction, a majority of the Dallas Court of Appeals reversed the…