STATE v. PITTMAN

Criminal law — Indictment — Charge of obtaining "money" by fraud — Evidence tending to prove "check" obtained by fraud — Failure of proof.

Per Curiam.

The indictment charges that money was obtained in the amount of $72.50. The evidence tended to prove that the thing obtained was a check for $72.50. "Money" and "check" are not synonymous. The state failed to prove the charge in the indictment. The judgment of the Court of Appeals is reversed.

Judgment reversed.

TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.