Where the indictment charged the accused with the larceny of á “ fawn-colored Jersey heifer about eighteen months old,” and the proof showed the larceny of a fawn-colored heifer, this was a fatal variance.
Judgment reversed.
All the Justices concurring. Indictment for simple larceny. Before Judge Fite. Catoosa superior court. June 16, 1900. Mann & Terry, for plaintiff in error. Sam. P. Maddox, solicitor-general, contra.