Rabe v. State

DAVIDSON, Presiding Judge.

The indictment charges appellant with having committed the theft of eleven heard of cattle, taken from the possession of the alleged owner, C. B: Stewart.

The only question presented for revision is' a variance between the allegation in the indictment and the evidence upon the trial as to possession and ownership. Stewart was the real owner. He had the cattle placed in a pasture that belonged to Herrington. Herring-ton made a contract with Thomas by which they became jointly possessed of the pasture, and Thomas lived upon the property and controlled it. Stewart placed…