Peebles v. State

Citations

• 105 Miss. 834
• 63 So. 271

Syllabus

<p>1. Criminal. Law. Intoxicating liquors. Time. Variance. Continuance. Waiver of right.</p> <p>The fact that on a trial for the unlawful sale of liquors the date of the sale proven, differed from the date laid in the indictment, is no reason for setting aside- the verdict of the jury on the ground of variance.</p> <p>2. Same.</p> <p>If in such case defendant was entitled to a continuance by reason of the fact, that when the true date of sale was disclosed by the evidence she, for the first time, discovered that she could prove an alibi, she waived any right to such continuance, by not calling the courts attention to it at the earliest possible moment after the mating of the discovery, she cannot raise it for the-first time after verdict.</p>