Mack v. State, 26600.

• Citation: 1 N.E.2d 595,210 Ind. 336
• Decision Date: 01 May 1936
• Docket Number: No. 26600.,26600.
• Parties: MACK v. STATE.
• Court: Supreme Court of Indiana

210 Ind. 336
1 N.E.2d 595

MACK
v.
STATE.

No. 26600.

Supreme Court of Indiana.

May 1, 1936.

Arthur Mack was convicted of selling an automobile without passing and delivering a certificate of title with an assignment in form prescribed by the Secretary of State, and he appeals.

Affirmed.

[1 N.E.2d 595]

Appeal from Vanderburgh Circuit Court; John W. Spencer, Jr., judge.
Benj. F. Zieg, of Evansville, for appellant.

Philip Lutz, Jr., Atty. Gen., and Warren W. Martin, Asst. Atty. Gen., for the State.

HUGHES, Judge.

This is an action by the state of Indiana against the defendant, appellant herein, charging the defendant, appellant herein, with a felony, namely, selling an automobile without passing and delivering a certificate of title to said automobile with an assignment thereof in the form prescribed or approved by the Secretary of State of Indiana. The defendant, appellant herein, was tried by the court and found guilty as charged.

The only error relied upon for reversal is the overruling of appellant's motion for a new trial. The causes for a new trial are as follows:

1. That the finding of the court is not sustained by sufficient evidence.

2. That the finding of the court is contrary to law.

The affidavit is predicated upon section 3, chapter 265, p. 821, Acts of 1921. The part of section 3 as applicable here is as follows: ‘After the expiration of ninety (90) days from the date upon which this act becomes effective, it shall be unlawful and a felony, punishable by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000) and by imprisonment for not less than two (2) years nor more than ten (10) years for any one to sell, deliver or purchase within the limits of this state, any motor vehicle, unless, at the time of the sale or delivery thereof, there shall pass between the parties such certificate of title, with an assignment thereof, in the form prescribed by the secretary of state, or in a form approved by him if the title has been acquired or registered in any other state...