Wyrick v. Commonwealth

Opinion op the Court by

Judge Clay

Reversing.

This appeal challenges the regularity of the proceedings resulting in a judgment convicting appellant of selling personal property upon which there was a mortgage of record, and fixing his punishment at one year’s imprisonment in the penitentiary.

The facts disclosed by the evidence are these: Appellant was the owner of a Star drilling machine, worth about $2,000, on which he executed and delivered on August 24, 1926, to the Combs Bros. Development Company a mortgage for $700, which was recorded in Lee county. Some time later, according to the…