Anderson v. State

The accusation charged the defendant with a misdemeanor, in that he did unlawfully “sell whisky.” There was evidence from which the jury could infer that the intoxicating liquor sold was whisky, and not “gin,” as contended by the accused. The- testimony of several witnesses for the State referred to the liquor sold as “whisky,” it was testified that the defendant sold it as whisky, and one witness said “it was gin whisky;” and, notwithstanding other testimony to the effect that the liquor was gin, there was no such variance between the proof submitted and the allegations in the accusation as…