Reece v. StateReece v. State
- Reporters:
- , ,
- Before:
- Hill
Hill, C. J.
Accusation of misdemeanor, from city court of Newton — Judge Johnson. January 6, 1909.
Submitted February 9,
Decided February 16, 1909.
W. I. Geer, for plaintiff in error. B. Odom, solicitor, contra.
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) ; Morrison v. State, 111 Ga. 642 (36 S. E. 902). Judgment reversed.