Savage v. State

The main insistence of counsel is that appellant could not have been legally convicted of larceny under the evidence in this case, because it shows that appellant acquired the mule — the subject of the larceny — with the consent of its owner, one Herman Warnke, and hence there was no felonious taking.

The evidence in brief was to the effect that appellant spent the night and part of the next day at the House of Herman Warnke. During the afternoon appellant decided to go to town (Cullman), and went down to the field where Warnke was plowing, and obtained his consent to ride the mule in question…