State v. Russell

Defendant was found guilty of stealing livestock and appeals from the resulting judgment.

The indictment under which the defendant was tried alleged that he stole “a certain yearling Hereford heifer, marked and branded with a lazy YD on the left hip * * All the evidence at the trial, however, proved that the animal was a “steer calf.” The numerous assignments of error present issues arising out of the materiality of the variance between the pleading and proof, and the related failure of proof.

ORS 164.380, the larceny statute under which the indictment was drawn, specifies the particular…