Toliver v. State

MORRISON, Judge.

The offense is the possession of beer for the purpoes of sale in a dry area; punishment, a fine of $250.00.

No statement of facts or bills of exception accompany the record.

The sole question presented for review grows out of the overruling of appellant’s motion in arrest of judgment. Therein, he alleges that a fatal variance exists between the complaint and the information in that the complaint alleged the date of the prohibition election to be “the 29th day of May, A. D., 1942,” while the information alleges said date as “the________day of--------, A. D. 1942.”

While it is true…