McGee v. State

LATTIMORE, Judge.

— Conviction for selling intoxicating liquor; punishment, one year in the penitentiary.

In this case the State charges a sale of intoxicating liquor to Elbert Bodine. Its proof was that a sale of such liquor was made to the party named. The defense was that the liquor sold was plum juice, not intoxicating, — but that if it was intoxicating, still no conviction could be had because the liquor was sold to Elbert Bodine, Roy Bodine and one Jeanes jointly; and that there was such variance between the proof and the allegation as would prevent conviction. The issue of variance is…