Woods v. State

The plaintiff in error was tried and by a jury found guilty of larceny of five cows, and bis punishment was fixed at eight years’ imprisonment in the penitentiary. From the judgment rendered on the verdict on the 24th day of February, 1921, he appealed by filing in this court on August 8,1921, a petition in error with case-made.

The sole question presented for our determination is whether there was a fatal variance between the allegations and the proof.

The information charges that in said county and state on the date alleged Willie Woods, "then and there being, did then and there unlawfully,…