Tapley v. State

Frankum, Judge.

“On a prosecution under Code § 13-9933, for passing worthless checks, the intent to defraud cannot be presumed until it is shown by the evidence that the defendant did not have sufficient funds in or credit with the bank upon which the check was drawn to pay it at the time it was presented for payment.”1 Crain v. State, 78 Ga. App. 806 (52 SE2d 577). And to prove intent to defraud there must be a presentment of the check to the bank for payment, or other evidence from which an intent to defraud could be inferred. Crosby v. State, 83 Ga. App. 682 (64 SE2d 595); Spivey v. State,…