Pitt v. State

Court of Criminal Appeals of Texas

Pitt v. State

362 S.W.2d 117, 172 Tex. Crim. 637, 1962 Tex. Crim. App. LEXIS 1117

Court of Criminal Appeals of Texas·Decided November 21, 1962·No. 35057·Published·Cited by 6 cases

Opinion

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 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.

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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 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.

Pitt v. State, 362 S.W.2d 117, 172 Tex. Crim. 637, 1962 Tex. Crim. App. LEXIS 1117 (Tex. 1962).

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