STOLZ, Judge.
1. Code Ann. § 26-1803, for the violation of which the defendant was convicted, provides as follows: "A person commits theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of said property. A person deceives if he intentionally: ... (e) Promises performance of services which he does not intend to perform or knows will not be performed. Evidence of failure to perform...
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