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McELROY v. STATE

No. 354-84.

720 S.W.2d 490 (1986)

Mark P. McELROY, Jr. Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

September 17, 1986.

Attorney(s) appearing for the Case

Randy Taylor, J. Thomas Sullivan, Dallas, for appellant.

Henry Wade, Dist. Atty. & Karen Chilton Beverly, Asst. Dist. Atty., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

TEAGUE, Judge.

Mark P. Mc 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...

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