Isbell v. State

BRICKEN, Presiding Judge.

The indictment contained one count and charged a violation of section 5004 of the Code 1923, which makes it an offense for any person to sell or convey any personal property, upon which he has given a written mortgage, lien, or deed of trust, and which is then unsatisfied in whole or ■in part, without first obtaining the consent of the lawful holder thereof to such sale or conveyance.

In order to sustain a conviction under the indictment, the state was under the burden to show by the evidence, under the required measure of proof (1) that the accused sold the…