Legal Opinion

Ham v. State

Court of Appeals of Georgia

Decided November 9, 1909No. 2178PublishedCited by 3 opinions

Accusation of selling mortgaged property; from city court of Elberton — Judge Tutt. September 4, 1909.

1Opinion of the CourtPowell, J.

1. The defendant was charged with having mortgaged his cotton crop to Denny & Co., and with having sold ten bales of the cotton, with intent to defraud the mortgagee. The testimony showed that he had turned over the cotton to his landlord in settlement of his claim for rent and supplies. As to the proposition that this yas not a criminal transaction, the decision in the case of Cody v. State, 69 Ga. 743, is strongly persuasive, if not controlling. Even though the landlord may have applied the crops, in part, to debts which were inferior to the lien of the prosecutors, and although the…

2Cases cited1 opinion

  1. Cody v. StateSupreme Court of Georgia · 1882

3Cited by3 opinions

  1. Davis v. StateCourt of Appeals of Georgia · 1910
  2. Cheshier v. StateCourt of Criminal Appeals of Oklahoma · 1956
  3. Curry v. StateCourt of Appeals of Georgia · 1915

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