# McGee v. State

> Court of Criminal Appeals of Texas · October 31, 1928 · 112 Tex. Crim. 450

URL: https://www.frixlaw.com/law-library/cases/3908977

## Case

- **Full name:** John McGee v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** October 31, 1928
- **Citations:** 112 Tex. Crim. 450; 17 S.W.2d 50; 1928 Tex. Crim. App. LEXIS 887
- **Precedential status:** Published
- **Opinion:** Concurrence by Morrow
- **Judges:** Lattimore, Morrow, Hawkins
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3908977

## Opinion text

CONCURRING OPINION.
MORROW, Presiding Judge.
— I think that the averment in the indictment charging the sale of liquor to Albert Bodine is supported by the proof that it was sold to Albert Bodine, together with Roy Bodine and Perry Jeanes, under the circumstances set out in. the opinion. In other words, on the facts stated I think there was no variance. See Ryan v. State, 32 Texas, 280 ; Parker v. State, 45 Texas Crim. Rep. 334 ; Asher v. State,
277
S. W. 1103 . If the indictment charged a sale to Albert Bodine, Roy Bodine and Perry Jeanes and the proof had shown a sale to only one of them, there would have been a variance. See Price v. State, 202 S. W. Rep. 948 , 83 Texas Crim. Rep. 332 ; Brown v. State, 102 Texas Crim. Rep. 54 .
I concur in the affirmance of the judgment.
Concurring opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3908977. Public record. Not legal advice.