fatal variance when the information alleged that the worthless check was given to "Sue Simpson,” but the proof showed that this person was really named "Reva Sue Simpkins”; conviction reversed and case remanded
How later courts described this case
- fatal variance when the information alleged that the worthless check was given to "Sue Simpson,” but the proof showed that this person was really named "Reva Sue Simpkins”; conviction reversed and case remanded
Written by the judges who cited it.
The 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.