Hall v. State

Citations

• 22 Tex. Ct. App. 632
• 3 S.W. 338
• 1887 Tex. Crim. App. LEXIS 2

Syllabus

<p>Theft—Variance.—Indictment for horse theft alleged both the ownership and the possession of the animal to have been in the same person at the time it was stolen. The evidence sustained the ownership as alleged, but proved that the animal was stolen from the possession of a different person, who was holding the same for the owner. Held, a fatal variance between the allegation and the proof of the possession.</p>