McElroy v. State

STOREY, Justice.

This appeal is from a conviction for the misapplication of construction trust funds having a value of $250 or more, a felony proscribed by TEX.REV.CIV.STAT.ANN. art. 5472e (Vernon Supp. 1982-1983). In two of appellant’s nine grounds of error,1 he claims that the State produced insufficient evidence to prove that he misapplied or diverted the construction funds with intent to defraud or to prove that the expenditures were not “reasonable overhead ... directly related to such construction project.” After careful review of the record we agree that the State neither proved the…