Pitt v. State
Pitt v. State
362 S.W.2d 117; 172 Tex. Crim. 637; 1962 Tex. Crim. App. LEXIS 1117
(South Western Reporter, Second Series)
Pitt v. State
Opinion
The offense is defrauding with a worthless check in the sum of $47.51; the punishment, six months in jail and a fine of $250.
The complaint and information alleged that the check was given to Sue Simp son. The evidence shows that it was given to Reva Sue Simp kins. The surnames are not idem sonans and the state concedes that the variance is fatal. Brown v. State, 71 Tex.Cr.R. 45, 158 S.W. 533; Vestal v. State, 162 Tex.Cr.R. 223, 283 S.W.2d 955; White v. State, 155 Tex.Cr.R. 303, 234 S.W.2d 876; Burks v. State, 88 Tex.Cr.R. 294, 225 S.W. 1094; Loven v. State, 145 Tex.Cr.R. 260, 167 S.W.2d 515.
The judgment is reversed and the cause remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.