Turk v. State

The sole assignment of error is that there was a variance between the allegata and the probata. The charge was cattle stealing. The allegations purported to describe four animals. If the proof sustained the stealing of only one of the animals alleged to have been stolen as described the conviction will stand. One of the animals alleged to have been stolen was described as “one dark-color steer . . with white spots on his' body.” The prosecutor testified that he lost “two dark-colored ones. . . They had red and white specks on their bodies.” Another witness testified that the cows which…