Pitt v. State

Court of Criminal Appeals of Texas
Pitt v. State, 172 Tex. Crim. 637 (Tex. Crim. App. 1962)
Woodley

Pitt v. State

Opinion of the Court

WOODLEY, Presiding Judge.

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 Simpsoro. The evidence shows that it was given to Reva Sue Simp&ms. The surnames are not idem sonans and the state concedes that the variance is fatal. Brown v. State, 71 Texas Cr. Rep. 45, 158 S.W. 533; Vestal v. State, 162 Texas Cr. Rep. 223, 283 S.W. 2d 955; White v. State, 155 Texas Cr. Rep. 303, 234 S.W. 2d 876; Burks v. State, 88 Texas Cr. Rep. 294, 225 S.W. 1094; Loven v. State, 145 Texas Cr. Rep. 260, 167 S.W. 2d 515.

The judgment is reversed and the cause remanded.

Reference

Full Case Name
William E. Pitt v. State
Status
Published