McDaniels v. State

Defendant, Elmer McDaniels, was charged jointly with Charley Beck in the district court of Osage county, Okla., with the crime of larceny of livestock, to-wit: one gray mare and one iron gray horse; was tried, convicted and sentenced to serve three years in the State Penitentiary, and has appealed.

This case grew out of the theft of the above described property from Oscar Miller, in Osage county, on or about the 1st day of December, 1940.

For a reversal of the case, it is contended, (1) that there was a material variance in the information and the evidence offered by the state; (2) that the…