York v. State

MORROW, Presiding Judge. —

The conviction is for the theft of a hog;' penalty assessed at confinement in the penitentiary for two years.

Appellant insists that there is a variance between the allegation and the proof in that the indictment charged the ownership of the hog to be in Hagler whereas the proof showed that the ownership thereof was in Dan Hughes. The testimony shows that Hagler had some hogs which he kept in a pen situated just outside of the city limits of Vernon, Texas; that a family by the name of Hughes lived there and looked after the hogs, especially to prevent their being…