Jarrell v. State

KRUEGER, Judge.

The conviction is for the sale of whisky in -a dry area. The punishment assessed is a fine of $100.00.

Appellant brings forward several complaints but we deem it necessary to discuss only the one relating to the variance between the allegation and the proof. It was charged in the complaint and information that on or about the 2nd day of October, 1943, appellant did, in Newton County, Texas, a dry area, sell whisky to Allen E. Lewis. The proof showed that the bottle which contained the liquid sold was labeled “Rum.” No other proof of any kind or character that it was whisky was…