Wright v. State

Citation9 Ga.App. 442,71 S.E. 500
Decision Date07 June 1911
Docket Number(No. 3,387.)
PartiesWRIGHT. v. STATE.
CourtGeorgia Court of Appeals

(Syllabus by the Court.)

Chattel Mortgages (§ 230*)—Sale by Mortgagor—Elements of Offense.

In order for a mortgagor's sale of mortgaged property to be an offense, under section 720 of the Penal Code of 1910, three essential facts must appear: (1) That the sale was made without the consent of the mortgagee; (2) that it was made with intent to defraud the mortgagee; and (3) that loss was thereby sustained by the holder of the mortgage. Recce v. State, 5 Ga. App. 663. 63 S. E. 670, and cases there cited. The evidence in this case is not clear as to the first essential stated; but it is shown that, even if the sale of the property was made, it was made without any intent to defraud the mortgagee, and that the mortgagee in fact sustained no loss therebv. Denney v. State, 2 Ga. App. 146, 58 S. E. 318.

[Ed. Note.—For other cases, see Chattel Mortgages, Cent. Dig. §§ 489-493; Dec. Dig. § 230.*]

Error from City Court of Jefferson; W. W. Stark, Judge.

P. W. Wright was convicted of crime, and brings error. Reversed.

John B. Gamble and P. Cooley, for plaintiff in error.

W. H. Quarterman, Sol., for the State.

HILL, C. J. Judgment reversed.

*.For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep'r Indexes

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