# Pitt v. State

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

URL: https://www.frixlaw.com/law-library/cases/4904418

## Case

- **Full name:** William E. Pitt v. State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** November 21, 1962
- **Citations:** 172 Tex. Crim. 637
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Woodley
- **Judges:** Woodley
- **Cited by:** 0 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/4904418

## 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 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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4904418. Public record. Not legal advice.