Brown v. State

LATTIMORE, Judge.

Appellant was convicted in the District Court of Eastland County of selling intoxicating liquor, and his punishment fixed at one year in the penitentiary.

Only the second count in the indictment was submitted to the jury. Same charged a sale of intoxicating liquor by appellant to Crossley, Speer and Gorman. But one question is raised. Appellant insists that there is ,a variance between the allegation and the proof in that, as he claims, the sale was made to Gorman alone.

The proof shows 'that the three named drove together to appellant’s house about 9:30 or 10 o’clock at night…