O'Mary v. State

KRUEGER, Judge.

Appellant was charged by complaint and information with the theft of a ladies’ purse of the value of $12.50, and in addition thereto, was charged with having theretofore been convicted of five offenses of like character. A trial before a jury resulted in his punishment being assessed at a fine of $1,000.00 and confinement in the county jail for a term of eight years.

Appellant’s chief complaint is that the trial court erred in declining to instruct the jury to acquit him because of a variance between the allegations in the information, which follows the language of the complaint…