CARNES v. THE STATE

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.

BROOKS, 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.