State v. Shomaker
South Dakota Supreme Court
Appeal from1 Circuit Court, Hanson County. Hon. FRANK B. Smith, Judge. The defendant, B. I. Shomaker, was convicted of the crime of selling mortgaged property without the written consent of the mortgagee, and he appeals.
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Appeal from1 Circuit Court, Hanson County. Hon. FRANK B. Smith, Judge. The defendant, B. I. Shomaker, was convicted of the crime of selling mortgaged property without the written consent of the mortgagee, and he appeals. (i) To point one of the opinion, Appellant cited: Coughran v. Western Elevator Co., 22 S. D. 214, 116 N. W. 1122; Minneapolis Threshing' Machine Co. v. 'Calhoun, 37 S. D1. 542, 159 N. W. 127; Walker v. Camp, 27 N. W. 800. Respondent cited: State v. Reeder, 36 S. C. 497; State v. Bronkol, 5 N. D. 507, 67 N. W. 680; 7 Cyc. 763, and cases cited.
1Opinion of the CourtSmith, J.
Appellant was convicted of the crime of selling or disposing of mortgaged personal property, and appeals from the judgment and an order overruling motion for a new trial.
The record discloses that appellant mortgaged a Patterson automobile with other personal property to the Farmers’ & Mer*354chants’ 'State Bank, a corporation, to secure an indebtedness of $5,500. The information alleged that:
“On or about the first day of' April, 1920, during the existence of the lien created by said mortgage, while said mortgage was in full force and effect and unsatisfied, the said B. I. Sho-maker, in the county…
2Cases cited4 opinions
- Watson v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Carter v. FatelyIndiana Supreme Court · 1879
- State v. BoyerSupreme Court of South Carolina · 1910
- Coughran v. Western Elevator Co.South Dakota Supreme Court · 1908
3Cited by1 opinion
- State v. ShedoudyNew Mexico Supreme Court · 1941