Court of Appeals of Texas November 7, 1883, No. 1526 (McAfee v. State)

Hurt, Judge.

Nabe McAfee was charged with the theft of a cow, the property of H. Hailey. Hailey swore that his name was Hiram, but it appeared from the evidence that the initials, of his given name are K. H., making K. H. Hailey. Counsel for defendant urged below, and here insists, that this was a fatal variance.

To allege H. and prove Hiram would suffice.