17 Ga. App. 272 | Ga. Ct. App. | 1915
Lead Opinion
The object of the statute embodied in section 729 of the Penal Code was to project the landlord in the possession and title of crops raised upon his land and with tools and stock and supplies furnished by him, until the advances necessary in making the crop and the landlord’s portion thereof had been paid for. This purpose would be defeated if only a court in the county in which the actual sale or disposition of any portion of the crop took place had jurisdiction to try violators of this statute. A conversion of a portion of the crop, the custody of which is entrusted by the landlord to the cropper, is completed when the cropper forms a definite intent to sell or otherwise dispose of any portion of it without the consent of the landlord, and, in pursuance of that intent, does an overt act in furtherance of his design, which withdraws it from the possession of the landlord. To hold that prosecutions for violation of this statute could only be had in the county in which there was an actual sale or disposition' of a portion of the crop would oftentimes render prosecution impossible, and would always subject the landlord to the trouble and expense of pursuing his remedy in localities in which he was perhaps a stranger.
It is not contended that the evidence, otherwise than on the point of venue, was insufficient, and for this reason the case is controlled by what we have just said in regard to jurisdiction. Consequently, there was no error in overruling the motion for a new trial. Judgment affirmed.
Concurrence Opinion
concurring specially. I agree that considerations of public policy and the purpose designed to be accomplished by section 729 of the Penal Code appear to authorize the conclusion