Flagg v. State

BROOKS, Judge.

This conviction was for theft of a mule, the punishment being assessed at two years confinement in the penitentiary.

The evidence is undisputed that appellant took the animal of the prosecuting witness and sold it. The prosecuting witness, however, testified that appellant and himself had an agreement by which each was permitted, without going to the trouble of personally seeing the other and ask consent, to take any property belonging to each other, and use the same; that each had the habit of going to the place of the other’s residence, and without asking permission, take any…