Steele v. State

• Decision Date: 11 February 1909
• Citation: 48 So. 673,159 Ala. 9
• Parties: STEELE v. STATE.
• Court: Alabama Supreme Court

48 So. 673

159 Ala. 9

STEELE v. STATE.

Supreme Court of Alabama

February 11, 1909

Appeal from City Court of Gadsden; Alto V. Lee, Judge.

Sam Steele was convicted of violating section 7342, Code 1907 and he appeals. Affirmed.

The contract is in the following words: "State of Alabama County of Etowah. Sam Steele has this day rented of Frank &amp Hagedorne the following property, to wit: Four mattresses $10; 3 beds, $10; 1 table, $3.50; 1 stove, $15; 4 springs, $13.50--of the agreed value of $51.50, with interest from date, payable $______ cash, balance at the rate of $3 per two weeks, which property I agree to keep at No. 22 Lake Front street, in Alabama City, and not to remove the same without the consent of said Frank & Hagedorne. The title to said property shall remain in said Frank & Hagedorne until the whole amount of said lease has been paid. In case I fail to make any payment, the whole amount shall become due, and they shall have the right to sue and recover the same; and in case I fail to make any of the payments they shall have the right to take possession of the property without legal process, and all payments made shall be applied for the use of said merchandise. I further agree that each and all payments shall be placed to my credit as payment on this lease, or any other goods which I may owe for to said Frank & Hagedorne either by open account or by other lease, and I shall have no title to this lease until my account shall have been settled in full." Then follows the waiver of exemptions and agreement to pay attorney's fees. Signed: "Sam Steele," by mark, and witnessed by Lee Freibaum. The objections to the introduction of this lease sufficiently appear in the opinion.

The following charges were refused to defendant: (1) General affirmative charge. (2) "The court charges the jury, before you can convict the defendant, the statements show you beyond a reasonable doubt that defendant under a written instrument, lien, contract by law, for rent or advances, or any other lawful or valid claim, verbal or written, with knowledge of the existence thereof for the purpose of hindering or delaying Frank & Hagedorne. (3) When the defendant moved the goods as shows by the evidence, had at the time a purpose to hinder or delay or defraud Frank & Hagedorne."

Cato D. Glover, for appellant.

Alexander M. Garber, Atty. Gen., for the State.

SAYRE J.

The defendant was indicted and convicted for removing certain articles of household furniture in violation of section 7342, Code 1907. Defendant had purchased the articles in question from the firm of Frank & Hagedorne, and the relations of the parties in respect to the property were evidenced by a paper writing, signed by the defendant, which, beginning with a recital that the vendors had "rented" the property to defendant, provided that the title to the property should remain in the vendors until the whole amount of the purchase money was paid, the same to be paid in specified installments, and in case there was failure to make any payment the vendors reserved the right to take possession without legal process. There was further provision that all payments should be placed to the credit of defendant as payments on the "lease," as it is in places termed, or any other goods for which he might owe the vendors by way of open account on any other "lease," and that the defendant was to have no title to the "lease" until his account should be settled in full.

Defendant executed the writing by making his mark, which was witnessed by one Freibaum, who was bookkeeper and...