Reece v. State

Court of Appeals of Georgia

Reece v. State

63 S.E. 670, 5 Ga. App. 663, 1909 Ga. App. LEXIS 100

CourtCourt of Appeals of Georgia

DecidedFebruary 16, 1909

Docket1638

StatusPublished

Cited by5 cases

This text of 63 S.E. 670 (Reece v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Reece v. State, 63 S.E. 670, 5 Ga. App. 663, 1909 Ga. App. LEXIS 100 (Ga. Ct. App. 1909).

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Opinion

Hill, C. J.

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 neces-. sary facts must appear: (1) that such sale was made without the consent of the landlord; (2) that it was made with intent to defraud [664]*664the 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,. §§671, 672; Denney v. State, 2 Ga. App. 146 (58 S. E. 318) ; Morrison v. State, 111 Ga. 642 (36 S. E. 902). Judgment reversed.

Accusation of misdemeanor, from city court of Newton — Judge Johnson. January 6, 1909.

Submitted February 9, Decided February 16, 1909. W. I. Geer, for plaintiff in error. B. Odom, solicitor, contra.

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Hill, C. J.

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 neces-. sary facts must appear: (1) that such sale was made without the consent of the landlord; (2) that it was made with intent to defraud [664]*664the 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,. §§671, 672; Denney v. State, 2 Ga. App. 146 (58 S. E. 318) ; Morrison v. State, 111 Ga. 642 (36 S. E. 902). Judgment reversed.

Accusation of misdemeanor, from city court of Newton — Judge Johnson. January 6, 1909.

Submitted February 9, Decided February 16, 1909. W. I. Geer, for plaintiff in error. B. Odom, solicitor, contra.

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Bluebook (online)

63 S.E. 670, 5 Ga. App. 663, 1909 Ga. App. LEXIS 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reece-v-state-gactapp-1909.

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