Pitt v. State
This text of 172 Tex. Crim. 637 (Pitt 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 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.
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172 Tex. Crim. 637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pitt-v-state-texcrimapp-1962.