Court of Criminal Appeals of Texas, 1959

Smith v. State

Smith v. State
Court of Criminal Appeals of Texas · Decided April 22, 1959 · Davidson
323 S.W.2d 441; 168 Tex. Crim. 40; 1959 Tex. Crim. App. LEXIS 2442 (South Western Reporter, Second Series)

Smith v. State

Opinion of the Court

DAVIDSON, Judge.

This is a conviction for the giving of a worthless check, as denounced by art. 567b, Vernon’s Ann.P.C., with punishment assessed at thirty days in jail.

The information alleged that the check was- delivered to “Brooks Super Market, a Corporation.”

The evidence wholly fails to sustain that allegation.

*442The attorney representing the state upon the trial of the case very properly and correctly confesses that the failure to make proof of that allegation requires a reversal of the conviction and cites in support of that conclusion: Whitaker v. State, 85 Tex.Cr.R. 272, 211 S.W. 787, and McClure v. State, Tex.Cr.App., 296 S.W.2d 263.

The judgment is reversed and the cause is remanded.

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