Bentley v. State, 4 Div. 240

• Decision Date: 09 February 1954
• Docket Number: 4 Div. 240
• Citation: 37 Ala.App. 463,70 So.2d 430
• Parties: BENTLEY v. STATE
• Court: Alabama Court of Appeals

Page 430

70 So.2d 430

37 Ala.App. 463

BENTLEY v. STATE

4 Div. 240.

Court of Appeals of Alabama.

Feb. 9, 1954.

Albert L. Patterson, Phenix City, for appellant.

Si Garrett, Atty. Gen., and Maury D. Smith, Asst. Atty. Gen., for the State.

PRICE, Judge.

The indictment charges the defendant with the offense of removing personal property on which there was a lien, in violation of Title 14, § 363, Code 1940. Defendant was convicted and sentenced to the penitentiary for a term of one year.

The evidence is without conflict that Mr. and Mrs. Ralph Bentley occupied a garage apartment belonging to Mrs. Susie Mathews in Phenix City, Alabama, from June 18, 1951, to December 8, 1951. The rental price for said apartment was $65 per month. In August 1951, the use of a garage was added for an additional $5 making a total of $70 rent to be paid each month. The parties did not enter into a written lease agreement. Mr. Bentley was employed at Ft. Benning, Georgia, earning a salary of around $200 per month. He drove to and from his work every day and his gasoline bill alone was approximately $20 a month. He also made a payment of $50 per month on his automobile. Mrs. Bentley was not employed and they had no income other than Mr. Bentley's salary.

It is likewise uncontroverted that a checking account at the Phenix-Girard Bank was carried in the name of 'Mr. or Mrs. Ralph B. Bentley,' and that Mrs. Bentley signed checks on this account for the rent and other household expenses.

On the morning of December 8th they informed Mrs. Mathews they were moving. Mrs. Mathews suggested she was entitled to notice and Mrs. Bentley stated she didn't agree to move until the preceding night. Mr. Bentley was present and the balance owing on the rent was figured to be $86.60. The Bentleys owed Mrs. Mathews $21 for borrowed money, and this amount was added to the rent and a check for $107.60 was signed by Mrs. Bentley and delivered to Mrs. Mathews.

The Bentleys moved across the river to Georgia that day. Mrs. Mathews presented the check to the bank for payment on December 16, 1951. The check was stamped 'insufficient funds.' Mrs. Mathews left the check at the bank, 'because I knew they always deposited on Saturday morning as they got their money.' The next week the check was returned stamped 'payment stopped,' with a note from Mr. Pickren at the bank stating 'Mr. Bentley has requested that we put a stop-payment on this check, and we will have to return it to you unpaid.' Subsequently, Mrs. Bentley sent Mrs. Mathews a money order for the $20 she had borrowed from her. Mrs. Mathews testified she talked with Mr. Bentley over the phone and he was very ugly about the check and said he wasn't going to pay it.

Both of the Bentleys testified the furniture belonged to Mr. Bentley. This evidence was uncontroverted.

The indictment was returned against Mrs. Bentley and she was extradited from the State of Georgia. The husband was not indicted.

The only material conflict in the evidence was on the question of whether or not any sum is still owing to Mrs. Mathews for the rent of the premises.

We have not been cited to nor has our research disclosed a case in Alabama, or any other jurisdiction, involving such a...