Wiley v. State

The defendant was tried in the county court of Winston county under a charge of selling mortgaged property, and from a judgment of conviction he appeals.

[1] In order to sustain a conviction for this offense, the state must prove by evi denee beyond a reasonable doubt: First, that there was a sale of personal property; second, that the defendant had given a written mortgage lien or deed of trust on the property so sold; third, that at the time of the sale such mortgage lien or deed of trust was unsatisfied, in whole or in part; fourth, that such sale was made without first having obtained the…