Ex Parte Munoz

OPINION ON STATE’S MOTION FOR REHEARING

ODOM, Judge.

This is an application for habeas corpus relief filed under Art. 11.07, V.A.C.C.P. On original submission a unanimous court granted relief from two convictions, finding fundamentally defective indictments in prosecutions for theft of property and theft of service.

By motion for rehearing the State argues the indictment for theft of service is not fundamentally defective. Our holding in the other conviction is not challenged.

The indictment under examination alleges appellant did:

“intentionally and knowingly by deception, threat and false token…