State v. . Corpening

Tbe primary purpose of this appeal is to test tbe constitutionality of chapter 14, Public Laws 1925, known as tbe Worthless Check Act of 1925. But tbe record will not permit a determination of tbe question -sought to be presented. S. v. Edwards, 190 N. C., 322. Tbe courts never anticipate a question of constitutional law in advance of tbe necessity of deciding it. Person v. Doughton, 186 N. C., p. 725.

There is a fatal variance between tbe indictment and tbe proof. Tbe charge is that tbe defendant issued and delivered to tbe Lenoir U-Drive-It Company on 10 August, 1925, a worthless check in…