Sherrill v. State

Andrew Sherrill prosecutes this appeal to reverse a judgment of conviction against him for stealing cattle.

The first assignment of error is that there is a variance between the cattle as described in the indictment and the evidence in the case. The indictment charges the defendant with stealing cattle which are specifically described as to color, earmarks and brands. The testimony for the State identified the cattle charged to have been stolen by color and brand, bnt the earmarks, as testified to by the owner of the cattle, differed in some respects from the earmarks as described in the…