Timmons v. State

1. While (as is frequently the case in such matters) the different witnesses disagreed in describing the color of the cow alleged to have been stolen, there was some evidence, descriptive of the color of the cow, which was substantially conformable to the description in the indictment; and since the comparative weight to be attached to the testimony of the different witnesses is a matter addressed peculiarly and solely to the jury, it can not be said that tlxex-e was a fatal variance betweexx the allegata and probata.

2. In the absence of an appropriate written request, it is not error to omit…