Kolb v. State

HAWKINS, Judge.

The instant prosecution proceeded under Article 1430 of our Penal Code denouncing the fraudulent sale or other fraudulent disposal of property upon which a written mortgage had been executed. Conviction followed with a penalty of two years in the penitentiary.

The State’s case shows that one Goodnature had sold to appellant an automobile for the sum of $425. To secure the payment of the purchase price appellant had executed a mortgage on said car; that the car was thereafter sold by appellant. It is contended by the State that the mortgage was a valid mortgage at the time the…