Brannon v. State

RICE, Judge.

Appellant was charged with, and convicted of, grand larceny. The indictment, framed under Code, § 4905, described the stolen property as “a heifer, an animal of the cow kind,” and “a bull yearling, an animal of the cow kind.” The evidence, without dispute, showed the asportation of a heifer and a steer yearling.

Contending that there was a fatal variance between the indictment and the proof, appellant requested the affirmative charge and special charges to the effect that if the jury believed from the evidence that the male cow-involved was a steer yearling they could not convict…