Ranjel v. State

Citations

• 1 Tex. Ct. App. 461

Syllabus

<p>1. Indictment—•Vabiance.—Indictment charged the theft of a bay gelding,. branded Bt A. B-, while the proof showed that the animal lost by the-prosecuting witness was a bay gelding, branded P. B. A. Held, a fatal, variance between the allegation and the proof.</p> <p>-2. Same.—When a brand is set out in an indictment as descriptive of the animal, it cannot be treated as surplusage.</p>