53 Tex. Crim. 490
110 S.W 750
Court of Criminal Appeals of Texas
Decided May 13, 1908
Court of Criminal Appeals of Texas · decided 1908-05-13
<p>Local Option—Variance—Name of Prosecutor.</p> <p>Where the indictment charged that the defendant sold intoxicating liquor to C. Wiltis and the proof showed a sale to O. Willis the variance is fatal.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1908-05-13
Cited by 4 later decisions — most recently February 1989
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1 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.
¶2 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.
¶3 Reversed and remanded.