State v. McCord

Bussey, Justice:

Appellant was convicted of violating Sec. 8-176 of the South Carolina Code of Laws, commonly known as the fraudulent check statute. He appeals, asserting that the court should have directed a verdict of not guilty. We agree with his contention and reverse.

The State’s case is predicated on the completely novel theory that a check, which admittedly was not a fraudulent one at the time uttered, became a fraudulent one, in violation of the statute, by the happenstance of subsequent events, not at all contemplated, as far as the record shows, by either the maker or the payee of the…