
    William E. Pitt v. State
    No. 35,057.
    November 21, 1962
    
      Ray Martin, Wichita Falls, for appellant.
    
      Glenn R. Purtle, Asst. County Attorney, Wichita Falls, and Leon Douglas, State’s Attorney, Austin, for the state.
   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.  