Wortham v. State

INZER, Justice:

Appellant, Horace Wortham, was indicted, tried and convicted in the Circuit Court of Lafayette County on a charge of unlawful sale of intoxicating liquor. He was sentenced to pay a fine of $800 and to serve a term of six months in the county jail. Hence, this appeal.

The controlling question in this case is whether the indictment as returned by the grand jury could be amended to conform with the proof and thereby charge appellant with a violation of the Local Option Alcoholic Beverage Control Law. We hold that it could not.

The indictment charged that the appellant “did on the…