Davis v. State

That the intention to defraud is an essential element in a prosecution for the sale of mortgaged property is too well *333settled, by the express language of the code section creating the crime, as well as by the decisions of the court construing that section, to require any elaboration. The venue in such eases is in the county where the fraudulent sale takes place, and not in the county where the mortgage was executed. Cody v. State, 69 Ga. 743; Ham v. State, ante, 57 (66 S. E. 22). As to this feature of the case, we think that the indictment was sufficient (though -perhaps ambiguous), since…