Elkins v. State

Under.an indictment charging that appellant “did then and there wilfully and unlawfully sell and retail intoxicating liquors, towit: Whiskey, ’ ’ the State proved that appellant gave the prosecuting witness a gallon of moonshine liquor and $1:50 cash in exchange for a car battery. Appellant contends that a barter is not a sale; that there was a fatal variance between.'.'the indictment and the proof; and that the peremptory charge should have been given. In Woodall v. State, 129 Miss. 854, 93 So. 366, the accused gave the prosecuting witness a pint of whiskey and $1.00 in cash in exchange for…