Carnes v. State

BBOOKS, Judge.

Appellant was convicted of violating the local option law, and his punishment assessed at a fine of $50 and thirty days imprisonment in the county jail.

The indictment in the case charges that appellant sold intoxicating liquor to C. Wiltis. Proof shows a sale to one C. Willis. This constitutes a fatal variance between the allegation and the proof, and forces this court, under well known rules of law, to reverse this case, and it is so ordered.

Reversed and remanded.