Opinion
No. 3842.
Decided May 13, 1908.
Local Option — Variance — Name of Prosecutor.
Where the indictment charged that the defendant sold intoxicating liquor to C. Wiltis and the proof showed a sale to C. Willis the variance is fatal.
Appeal from the County Court of Brown. Tried below before the Hon. A.M. Brumfield.
Appeal from a conviction of a violation of the local option law; penalty, a fine of $50 and thirty days confinement in the county jail.
The opinion states the case.
Harrison Wayman, for appellant.
F.J. McCord, Assistant Attorney-General, for the State.
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.