State v. Blake

HOMEYER, Judge.

The defendant, Wayne Harmon Blake, was convicted of the crime of grand larceny and appeals. The information charged him with stealing two cows, 1 the property of Pat H. Feeney.

Upon trial the owner positively identified the two cows alleged to have been stolen as his property, but in his identification referred to the one as being approximately four years old and the other as about five years old. In his motion for a directed verdict of acquittal appellant maintained a fatal variance existed between the charge and proof and he now contends the court erred in denying his motion.…