State v. Ware

The opinion of the court was delivered by

Nicholls, C. J.

The defendant having been found guilty of stealing a horse and sentenced to hard labor in the penitentiary for one year and three months, appeals.

It appears that in the indictment the ownership of the horse was originally laid as being in one Ned Dansby, but that later, on the trial of the case, after evidence had been adduced, an amendment was offered by the district attorney and allowed by the judge without objection from the accused, so that the indictment was made to aver that if the horse alleged to have been stolen was not the…