Court of Criminal Appeals of Texas, 1908

Carnes v. State

Carnes v. State
Court of Criminal Appeals of Texas · Decided May 13, 1908 · Bbooks
110 S.W. 750; 53 Tex. Crim. 490; 1908 Tex. Crim. App. LEXIS 259 (South Western Reporter)

Carnes v. State

Opinion of the Court

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.

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