Reece v. State

• Decision Date: 16 February 1909
• Docket Number: (No. 1,638.)
• Citation: 63 S.E. 670,5 Ga.App. 663
• Parties: REECE . v. STATE.
• Court: Georgia Court of Appeals

63 S.E. 670

5 Ga.App. 663

REECE .

v.STATE.

(No. 1, 638.)

Court of Appeals of Georgia.

Feb. 16, 1909.

Landlord and Tenant (§ 253^*)—Sale of Property Subject to Lien—Evidence. In order to render penal the sale by a tenant of personalty which is subject to a landlord's lien for rent and advances, three necessary facts must appear: (1) That such sale was made without the consent of the landlord; (2) that such sale was made with intent to defraud the landlord; and (3) that in consequence of the sale the landlord sustained a loss. A charge to a jury which states the first and third necessary constituents of this offense, but leaves out all reference to the second, constitutes reversible error. Penal Code 1895, §§ 671, 672; Denney v. State, 2 Ga. App. 146, 58 S. E. 318; Morrison v. State, 111 Ga. 642, 36 S. E. 902.

[Ed. Note.—For other cases, see Landlord and Tenant, Dec. Dig. § 253.*]

(Syllabus by the Court.)

Error from City Court of Newton; A. S. Johnson, Judge.

Ed Reece was convicted of selling personalty subject to a landlord's lien, and brings error. Reversed.

W. I. Geer, for plaintiff in error.

Benton Odom, Sol., for the State.

HILL, C. J. Judgment reversed.

*.For other cases see same topio and section NUMBER in Dec. & Am. Digs. 1907 to date, & Reporter Indexes