Black v. State

DAVIDSON, Presiding Judge.

The information charges appellant with theft of eighty-five cents, lawful current money of the United States of America. The evidence on the trial showed the eighty-five cents were in nickels. The contention is that this is not lawful or legal tender coin of the United States, hence there is a variance between the allegations and proof. In support of this contention we are referred to Perry v. State, 42 Texas Crim. Rep., 540; Otero v. State, 30 Texas Crim. App., 450; Thompson v. State, 35 Texas Crim. Rep., 511, as well as to see. 3587 Rev. Stats, of the U. S. Where…