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Smith v. State

Court of Criminal Appeals of Texas
Apr 22, 1959
323 S.W.2d 441 (Tex. Crim. App. 1959)

Opinion

No. 30637.

April 22, 1959.

Appeal from the County Court at Law, Lubbock County, Robert J. Allen, J.

Royce E. Ball, Lubbock, for appellant.

William J. Gillespie, County Atty., Alton R. Girffin, Asst. County Atty., Lubbock, and Leon B. Douglas, State's Atty., Austin, for the State.


This is a conviction for the giving of a worthless check, as denounced by art. 567b, Vernon's Ann.P.C., with punishment assessed at thirty days in jail.

The information alleged that the check was delivered to 'Brooks Super Market, a Corporation.'

The evidence wholly fails to sustain that allegation.

The attorney representing the state upon the trial of the case very properly and correctly confesses that the failure to make proof of that allegation requires a reversal of the conviction and cites in support of that conclusion: Whitaker v. State, 85 Tex.Crim. R., 211 S.W. 787, and McClure v. State, Tex.Cr.App., 296 S.W.2d 263.

The judgment is reversed and the cause is remanded.


Summaries of

Smith v. State

Court of Criminal Appeals of Texas
Apr 22, 1959
323 S.W.2d 441 (Tex. Crim. App. 1959)
Case details for

Smith v. State

Case Details

Full title:Mrs. Lacy SMITH, Appellant, v. STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Apr 22, 1959

Citations

323 S.W.2d 441 (Tex. Crim. App. 1959)
168 Tex. Crim. 40