Vasser v. Berry

The giving of a check to pay an antecedent or pre-existing debt, without funds in the bank, and without obtaining anything of benefit thereby, does not constitute a crime under Code § 13-9933. Douglas v. State, 80 Ga. App. 761 (57 S. E. 2d, 438), and cases cited. The evidence in the instant case positively shows that the check was given as payment on a pre-existing debt, that nothing of value passed at the time, and that the defendants had knowledge of this fact; therefore, even if the check had been worthless, the plaintiff committed no crime. “While a mistaken belief in regard to the facts…