Brady v. State

MORROW, Presiding Judge.

Conspiracy to commit theft is the offense; penalty assessed at confinement in the penitentiary for two years.

It is charged that R. H. Masters and Joe Brady made a positive agreement with each other to unlawfully and fraudulently take from the possession of Roy Binyon, the owner, two cases of cigarettes of the value of $67.50.

From the testimony of Masters, it appears that he and Brady made an agreement to steal some cigarettes; that Followell was taken into the agreement. From the testimony of Masters we quote: “As I stated, the understanding that I had with Mr.…