State v. Walker

O’NIELL, Chief Justice.

The defendants are appealing from a conviction and sentence for the crime of cattle stealing. The indictment charged that they had stolen a yearling bull. When the case came on for trial, and the jury was impaneled, the prosecuting attorney in his opening statement to the jury announced that he had just learned that the yearling that was said to have been stolen was not a bull but a steer. Accordingly, the prosecuting attorney, before offering any evidence, moved to amend the indictment by substituting the word “steer” for the word “bull.” The attorney for the…