Johnson v. State

Roberts, Chief Justice.

The defendant was convicted of theft of a quirt from a house, and his punishment was assessed at two years’ confinement in the penitentiary.

The defendant moved for a new trial on the grounds as follows:

“ 1st. The court misdirected the jury as to the law governing the case.”

“ 2d. The Verdict of the jury is contrary to the law and the evidence adduced on the trial.”

There is a material variance between the proof and the allegation as to the name of the owner of the quirt and of the house, it being alleged in the indictment to be B. J. Chambers, and proved, according to the…