Smith v. State

Citations

• 112 Miss. 248
• 72 So. 929

Syllabus

<p>CRIMINAL Law. Variance. Objection. Waiver.</p> <p>Where an indictment charged defendant with stealing a cow belonging to several parties, but the evidence showed that it belonged to only one of them who died after it was stolen but before the indictment, leaving the other named owners as his heirs at law, the defendant in order to take advantage of the variance between the allegations and the proof should have objected specifically on that ground, whereupon under Code 1906, section 1508, the indictment could have been amended to correspond with the proof, and defendant failing to do this-could not avail himself of such variance on appeal.</p>