45 So. 893 | Ala. | 1908
This is a prosecution for the selling by defendant of personal property upon which he had given a mortgage without the consent of the mortgagee. —Section 4758, Cr. Code 1896. No exception was reserved upon the trial, other than to the finding by the presiding judge, who tried the case without a jury, of the defendant’s guilt.
Under the act establishing the court in which this trial was had, an appeal is allowed the defendant, in which he may present for review the conclusion or judgment of the court upon the evidence; and this court, in passing
Applying the rule above declared to the case in hand, we are unwilling to affirm that the conclusion of the trial judge was plainly and palpably incorrect.
Affirmed.