Elements necessary for violation.

- To make the defendant's sale a violation of the provisions of O.C.G.A. § 44-14-348, three essential facts must appear: that the sale, made before the rent or advances were paid, was without the consent of the landlord; that it was made with the intent to defraud the landlord; and that loss was thereby sustained by the landlord. Unless all three of these things are shown, the defendant's conviction is unauthorized. Davis v. State, 53 Ga. App. 325, 185 S.E. 400 (1936).

For list of elements of offense, see Morrison v. State, 111 Ga. 642, 36 S.E. 902 (1900); Thompson v. State, 12 Ga. App. 201, 76 S.E. 1072 (1913); White v. State, 24 Ga. App. 74, 100 S.E. 39 (1919).

O.C.G.A. § 44-14-348 includes loans secured with fraudulent intent. Bugg v. State, 17 Ga. App. 211, 86 S.E. 405 (1915).

O.C.G.A. § 44-14-348 includes sales of any nature. Bell v. State, 14 Ga. App. 425, 81 S.E. 253 (1914).

No application to situations where part of crop is pawned. Gilbert v. State, 16 Ga. App. 249, 85 S.E. 86 (1915).

Mortgage is not lien on crops planted to replace prior crops destroyed by natural causes. Hall v. State, 2 Ga. App. 739, 59 S.E. 26 (1907).

No lien on crops for supplies furnished for prior year. Robinson v. State, 10 Ga. App. 791, 74 S.E. 92 (1912).

Venue is fixed by place of sale. Ham v. State, 7 Ga. App. 57, 66 S.E. 22 (1909).

Indictment including word "removed" sufficient.

- Indictment substantially setting forth the offense in the language of O.C.G.A. § 44-14-348, except that it charged that the defendant "sold, removed, and otherwise disposed of" the crops, the language of the section being "sells or otherwise disposes of," which discrepancy did not in any way prevent the jury from easily understanding the nature of the offense charged, was sufficient. Faircloth v. State, 69 Ga. App. 441, 26 S.E.2d 118 (1943).

For case where the accusation held insufficient, see Bell v. State, 14 Ga. App. 425, 81 S.E. 253 (1914).

O.C.G.A. § 44-14-348 requires proof of fraudulent intent. Smith v. State, 27 Ga. App. 554, 87 S.E. 829 (1916).

Tenancy is not proved merely because the wife of the accused rented the premises. Hackney v. State, 101 Ga. 512, 28 S.E. 1007 (1897).

Assent to defendant's sale of other crops is no defense. Smith v. State, 17 Ga. App. 554, 87 S.E. 829 (1916).

Judge may award probation contingent on repayment to landlord.

- A sentence on a conviction for a fraudulent disposition of crops subject to a landlord's lien under O.C.G.A. § 44-14-348 which provides for probation in lien of a prison sentence on the condition that the landlord is repaid is a valid and legal sentence and is not violative of Ga. Const. 1976, Art. I, Sec. I, Para. XX (see, now, Ga. Const. 1983, Art. I. Sec. I, Para. XXIII). Davis v. State, 53 Ga. App. 325, 185 S.E. 400 (1936).

For case where cotenant was properly convicted for disposing of crop, see Smith v. State, 17 Ga. App. 554, 87 S.E. 829 (1916).

Cited in Sims v. State, 43 Ga. App. 438, 158 S.E. 913 (1931).

Am. Jur. 2d.

- 49 Am. Jur. 2d, Landlord and Tenant, §§ 808, 820, 821.

C.J.S.

- 52 C.J.S., Landlord and Tenant, § 646.