Jackson v. State

LATTIMORE, Judge.

Appellant was convicted in the District Court of Harrison County of selling intoxicating liquor, and his punishment fixed at one year in the penitentiary.

Appellant seems to have resided a few hundred yards from the T. & P. shops in Marshall, Texas. On the date mentioned in the indictment appellant was charged with selling intoxicating liquor to one Prank McCullom, an employe of the T. & P. shops. It is insisted that the conviction cannot stand because of a variance between the allegation and proof. This is based on the proposition that the sale, if any, was not made to…