
    Crenshaw vs. The State of Georgia.
    [ Warner, Chief Justice, being engaged in presiding over the senate organized as a court of impeachment, did not sit in this case.]
    The indictment charged the stealing of ‘‘one blue hog, to-wit, a sow weighing about one hundred and forty pounds, and having 'the marks following, to-wit, a swallow fork in 'the right ear and a smooth crop in the left ear.” The description proved at the trial differed from the foregoing in two respects; first, the sow, though blue, had a narrow white list around her; and, secondly, the left ear bore the swallow fork, and the right ear the smooth crop.
    
      Meld, that the narrow white list did not conflict with the general description as to color given in the indictment; but that the earmarks proved varied materially from those alleged, and for this reason the prisoner was improperly convicted. Though it was unnecessary to have described the animal by the ear-marks, yet the descriptive terms of the indictment having gone to this extent, the burden was assumed of proving the specific marks alleged. Ros. Cr. Ev., 192; 2 Russ. on Crimes, 788; 15 Me., 476 ; 50 Ga., 591.
   Bleckley, Justice.  