Robberson v. State

Citations

• 3 Tex. Ct. App. 502

Syllabus

<p>1. Fraudulent Disposition oe Property Subject to Lien.—Article 773 of the Penal Code (Pose. Dig., art. 2425) makes it a penal offense (1) to remove out of the state any personal property on which the accused has given any written lien; (2) to sell such property; or (3) to “otherwise dispose of” such property—an intent to defraud the holder of the lien being an essential ingredient of each of these offenses.</p> <p>2. Same.—A removal of such property, with such intent, from one county in the state to another is not an offense under said article. The expression “otherwise dispose of” does not include a removal or sale, but does include any other mode of placing the property beyond the reach of the holder of the lien, with such intent.</p> <p>3. Fraudulent Sale oe Such Property—Venue oe this Oeebnse.— The Code of Criminal Procedure enumerates various offenses for which a prosecution may be instituted in either of different counties, but the offense of selling property under lien, with intent to defraud, is not among them; and consequently such a prosecution must be commenced in the county where the offense was committed—i. e., where the sale was mt'dj— irrespective of where the lien was given or the property brought from.</p>