Manicchia v. State
This text of 336 S.W.2d 151 (Manicchia v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The offense is selling beer during prohibited hours; the punishment, a fine of $200.
[152]*152The complaint and information alleged that appellant sold beer to Rupert Lloyd Sessions on Sunday between the hours of 1 o’clock A.M. and 1 o’clock P.M.
The alleged purchaser did not testify.
A police officer testified to facts sufficient to sustain a finding that appellant sold 14 cans of beer to a man who identified himself to the officer as Ru/ord Lloyd Sessions.
The complaint and information alleging the sale of beer to Rupert Lloyd Sessions, evidence of a sale to Ruford Lloyd Sessions would be insufficient because of the variance, “Rupert” and “Ruford” not being idem sonans. 23 Tex.Jur. 685, Sec. 70; Chaney v. State, 59 Tex.Cr.R. 283, 128 S. W. 614; Albidrez v. State, 158 Tex.Cr.R. 229, 254 S.W.2d 522; Marshall v. State, 157 Tex.Cr.R. 340, 248 S.W.2d 931.
The judgment is reversed and the cause remanded.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
336 S.W.2d 151, 169 Tex. Crim. 642, 1960 Tex. Crim. App. LEXIS 3060, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manicchia-v-state-texcrimapp-1960.