State v. Nelson

On Petition to Beheae.

In the opinion heretofore rendered it was held that procuring with fraudulent intent the release of a labor and material furnisher’s lien on real estate by means of a worthless check is indictable under Code Section 11157. We reached this conclusion on the ground that Code Section 10936 defines as larceny the stealing of a release of a valuable lien on real estate.

Nelson has filed a petition to rehear. His insistence is that Code Section 10936 “neither declares this offense to be larceny nor does it provide for punishment therefor, as in the case of larceny, but the…