Kirkland v. State

Selling an automobile to hinder, delay or defraud a lien holder: sentence, four years imprisonment. Code 1940, T. 14, § 363.

On April 29, 1974, Kirkland, a used car dealer, borrowed as a "business loan" $508.00 from The Dothan Bank and Trust Company. He signed a note and a security agreement which covered as collateral a 1974 Plymouth Fury four door sedan. On September 27, 1974 he renewed the note.

However, on June 26 he had sold the car through The Auto Auction for a price of $345.00. The security agreement expressly denied the debtor authority to sell, etc., the collateral "in any manner not…