Walton v. State

KRUEGER, Judge.

The offense is theft of one cattle. The punishment assessed is confinement in the State penitentiary for a term of two years.

Appellant presents a number of questions for review. The most serious one relates to the court’s action in declining to peremptorily instruct the jury to return a verdict of not guilty on the ground of variance between the allegation of ownership of the animal in question and the evidence introduced.

It is charged in the indictment in substance that “on or about the 21st day of November, 1941, and anterior to the presentment of this indictment in the…