Gonzales v. State

*414OPINION

GONZALEZ, Justice.

This is an appeal from a conviction by jury of misapplication of construction trust funds. Appellant was sentenced by the court to five years’ confinement, probated for five years. Appellant challenges the sufficiency of the evidence to support the conviction. We reverse and order a judgment of acquittal.

Appellant was charged by indictment that he “intentionally and knowingly and with intent to defraud, retain, use, misapply and divert said trust funds, fail to fully pay and satisfy Pedro Cano....” 1

The indictment was based on a civil statute which provided as follows: