Texas Supreme Court July 1, 1870 (Mayes v. State)

Walker, J.

In this case the indictment charges the appellant with branding a steer, contrary to the statute in such cases made and provided, it being the property of'Joseph F. Rowley. The evidence shows that the steer belonged to Napoleon B. Rowley.

The variance is fatal. The judgment of the district court is reversed and the cause dismissed.

Reversed and dismissed.