Smith v. State

Appellant, P.L. Smith, by information filed on Jnne 20, 1942, was charged with a misdemeanor in violating the overdraft law on Jnne 23, 1941. This is an offense under § 3088 of Pope’s Digest, which is the same as § 785A of Pope’s Digest. From a conviction and fine of $50, there is this appeal.

The proof on the part of the State (and appellant offered none in contradiction) showed: that appellant gave, the witness, Lamb, a check for $25, being $5 on account and $20 cash; that this check was returned by the drawee bank either because of insufficient funds or account closed; that Lamb notified…