Patton v. State

MORRISON, Presiding Judge.

The offense is the possession of whiskey for the purpose of sale in a dry area; the punishment, sixty days in jail and a fine of $500.

Our able State’s Attorney confesses error in two respects, and-we agree.

The complaint charged the offense to have 'been committed in Precinct #4, Lipscomb County; the Information charged that it occurred in Justice Precinct #4 of said county, while the proof showed that the prohibition election was held in Commissioners’ Precinct #4. Such a complaint is insufficient to support the information because of the variance. Our holding in…