# Pitt v. State

> Court of Criminal Appeals of Texas · November 21, 1962 · 172 Tex. Crim. 637

URL: https://www.frixlaw.com/law-library/cases/2418045

## Case

- **Full name:** William E. PITT, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** November 21, 1962
- **Citations:** 172 Tex. Crim. 637; 362 S.W.2d 117; 1962 Tex. Crim. App. LEXIS 1117
- **Precedential status:** Published
- **Opinion:** Opinion by Woodley
- **Judges:** Woodley
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/2418045

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2418045. Public record. Not legal advice.