Mercer v. Commonwealth

BIRD, Judge.

William Ellis Mercer was indicted under KRS 434.070 for uttering a worthless check. He was convicted and his punishment was fixed at one year in the penitentiary. He appeals.

He complains that the court erred in refusing to direct a verdict for him and further he complains that the instructions were erroneous and did not give the whole law of the case.

The check was executed and delivered on February 12, 1959, but was dated February 13, 1959. It was presented for payment on February 13, 1959. Payment was denied because of insufficient funds.

Appellant insists the check is merely a…