Smith v. State , 1971 Tex. Crim. App. LEXIS 1597 ( 1971 )

OPINION

MORRISON, Judge.

The offense is theft of property of more than the value of $5.00 and less than $50.00; the punishment, seven (7) days in jail and a fine of $50.00.

Appellant challenges the sufficiency of the evidence to show that the offense was committed at a time within the Statute of Limitations, Art. 12.05, Vernon’s Ann. C.C.P. The owner testified that the particular upholstery material was cut and prepared for delivery on the day it was reported missing from his place of business, June 27, 1969, and that it was recovered on that same day from the appellant’s automobile. The information was filed on July 2, 1969. His first ground of error is overruled.

Appellant next complains that the evidence is insufficient because all of the items related in the information were not recovered. It is undisputed that certain specialized upholstery material was stolen, was recovered from appellant’s possession and that it had a value of over $5.00 and under $50.00.

There is also a complaint that the information charged that the property was stolen from Carl Wallman, but that the prosecuting witness was named by the court reporter as Carl Waldman. The witness did not spell his name; however, the two names are idem sonans, see Rodriguez v. State, Tex.Cr.App., 363 S.W.2d 472; Burks v. State, Tex.Cr.App., 35 S.W. 173, and Hale v. State, 164 Tex.Cr.R. 482, 300 S.W.2d 75.

Finding the evidence sufficient to support the conviction and no reversible error appearing, the judgment is affirmed.