Holley v. State

The defendant was charged by affidavit in the court of common pleas of Calhoun county that he did drive a car along the highway of Calhoun county while intoxicated. On appeal to the circuit court, the solicitor filed his information, which charged the defendant “being under the influence of intoxicating liquors did drive a vehicle upon a highway in this state contrary to law.” The point is here made that there is a variance between the original affidavit and the information as filed by the solicitor. The language used either in the affidavit or the information was sufficient, in common…