Legal Opinion

Gilbert v. State

Court of Appeals of Georgia

Decided May 3, 1915No. 6043PublishedCited by 2 opinions

Accusation of misdemeanor; from city court of Sparta — Judge Moore. September 28, 1914.

1Opinion of the CourtWade, J.

1. Proof that a farm tenant placed in pawn, to obtain money from another, a portion of his crop raised on the rented premises, before paying off and discharging his obligations to his landlord for rent and supplies, will not support an indictment (based on sections 720 and 721 of the Penal Code), which charges that the accused did “sell” a part of said crop, and does not allege that he did “sell or otherwise dispose of” the property, etc.(a) “A pledge, or pawn, is property deposited with another as security for the payment of a debt.” Civil Code, § 3528. “A sale, in its broadest, sense, may…

2Cases cited1 opinion

  1. Scott v. StateCourt of Appeals of Georgia · 1909

3Cited by2 opinions

  1. Bromley v. BromleyCourt of Appeals of Georgia · 1962
  2. Bugg v. StateCourt of Appeals of Georgia · 1915

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