Fleischman v. State

MORROW, Presiding Judge.

The appellant leased from Greenberg a forty-acre tract of land with improvements. The lease was in writing, and by its terms the appellant acquired the right to use and occupy the premises during the year 1920.

The State’s theory and testimony is to the effect that the appellant disconnected from the barn on the premises “five joists timbers of the value of fifty cents each and three boxing planks of the value of fifty cents each” and that he appropriated them to his own use.

The appellant’s theory and testimony is that he purchased from Greenberg an old barn which was…