Carnes v. State
110 S.W. 750, 53 Tex. Crim. 490, 1908 Tex. Crim. App. LEXIS 259
Opinion
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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Carnes v. State, 110 S.W. 750, 53 Tex. Crim. 490, 1908 Tex. Crim. App. LEXIS 259 (Tex. 1908).
110 S.W. 750 (Carnes v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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