O.C.G.A. § 44-14-348 (2019)

Annotations

JUDICIAL DECISIONS 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 Ga. App. LEXIS 87 (1936). For list of elements of offense, see Morrison v. State, 111 Ga. 642, 36 S.E. 902, 1900 Ga. LEXIS 683 (1900); Thompson v. State, 12 Ga. App. 201, 76 S.E. 1072, 1913 Ga. App. LEXIS 491 (1913); White v. State, 24 Ga. App. 74, 100 S.E. 39, 1919 Ga. App. LEXIS 416 (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 Ga. App. LEXIS 310 (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 Ga. App. LEXIS 279 (1914). No application to situations where part of crop is pawned. Gilbert v. State, 16 Ga. App. 249, 85 S.E. 86, 1915 Ga. App. LEXIS 564 (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 Ga. App. LEXIS 507 (1907). No lien on crops for supplies furnished for prior year. Robinson v. State, 10 Ga. App. 791, 74 S.E. 92, 1912 Ga. App. LEXIS 689 (1912). Venue is fixed by place of sale. Ham v. State, 7 Ga. App. 57, 66 S.E. 22, 1909 Ga. App. LEXIS 533 (1909). Indictment including word “removed” sufficient. - Indictment sub-

stantially 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 Ga. App. LEXIS 110 (1943). For case where the accusation held insufficient, see Bell v. State, 14 Ga. App. 425, 81 S.E. 253, 1914 Ga. App. LEXIS 279 (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 Ga. LEXIS 252 (1897). Assent to defendant’s sale of other crops is no defense. Smith v. State, 17 Ga. App. 554, 87 S.E. 829, 1916 Ga. App. LEXIS 775 (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 Ga. App. LEXIS 87 (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 Ga. App. LEXIS 775 (1916).

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

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