Smith v. State

In this case, the information charged appellant with having sold whisky, beer, wine, and ale. The testimony was that defendant sold a patent medicine, known as “American Elixir.” It is a fundamental principle of justice and law that a defendant cannot be charged with one offense and convicted of another. There was therefore a fatal variance between the allegations in the information and the testimony in this case. -If the information had charged that appellant had sold a patent medicine, known as “American Elixir,” and that the same was intoxicating, or that it was used as a substitute for…