Thrasher v. State

The defendant was indicted for that, on, &c., he did unlawfully and knowingly suffer and permit his mare tc be then and there run in a certain race commonly called a horse-race in and along a certain public highway, &c., contrary to the form of the statute, &e. Plea, not guilty. The cause,, by consent of parties, was tried by the Court. Judgment against the defendant.

The proof was, that the animal run was a horse and not a mare. The only question is whether the variance was material.

The statute enacts, “that any person who shall knowingly suffer his horse, mare, or gelding, to be run in what…