Harris v. State

Appellant was charged by indictment with violation of Alabama's Worthless Check Act, Section 13-4-113, Code of Alabama 1975. An earlier prosecution, commenced in the Court of Common Pleas at Tallapoosa County on the same check, was enjoined by the Referee in Bankruptcy who found that the purpose of that prosecution was to collect a civil debt. This indictment was returned subsequent to the order of the Referee in Bankruptcy. Appellant entered a plea of not guilty and filed a motion to dismiss on the grounds that the prosecution was being brought for the purpose of collection of a civil debt.…