Legal Opinion

Reece v. State

Court of Appeals of Georgia

Decided February 16, 1909No. 1638PublishedCited by 5 opinions

Accusation of misdemeanor, from city court of Newton — Judge Johnson. January 6, 1909.

1Opinion of the CourtHill, C. J.

In order to render penal the sale by a tenant of personalty which is subject to a landlord’s lien for rent and' advances, three neces-. sary facts must appear: (1) that such sale was made without the consent of the landlord; (2) that it was made with intent to defraud *664the landlord; and (3) that, in consequence of the sale, the landlord sustained a loss. A charge to a jury which states the first and third necessary constituents of this offense, but leaves out all reference to the second, constitutes reversible error. Penal Code,. §§671, 672; Denney v. State, 2 Ga. App. 146 (58 S. E. 318) ;…

2Cases cited2 opinions

  1. Morrison v. StateSupreme Court of Georgia · 1900
  2. Denney v. StateCourt of Appeals of Georgia · 1907

3Cited by5 opinions

  1. Davis v. StateCourt of Appeals of Georgia · 1936
  2. Wallace v. StateCourt of Appeals of Georgia · 1937
  3. White v. StateCourt of Appeals of Georgia · 1919
  4. Wright v. StateCourt of Appeals of Georgia · 1911
  5. Donegal Mutual Insurance Group v. Jeffrey JarrettCourt of Appeals of Georgia · 2022

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