State v. Winter
Supreme Court of South Carolina
Before Memminger, J.,- Columbia, September, 1913. The defendant, E. Winter, being convicted for a violation of Criminal Code, sec. 208, appeals. The facts' are stated in the opinion. submits: Ordinarily a promise to pay at a future event is not a criminal fraud: 2 Bishop Crim. Law (5th ed.) 419, 420; 32 S. E. 318; 124 N. C. 796; 37 S. E. 268; 127 N. C. 553. A postdated cheque no more than promise to pay: 73 N. Y. 80; 86 N. E. 993; 41 L. R. A. (N. S.) 173, 174, note.
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Before Memminger, J.,- Columbia, September, 1913. The defendant, E. Winter, being convicted for a violation of Criminal Code, sec. 208, appeals. The facts' are stated in the opinion. submits: Ordinarily a promise to pay at a future event is not a criminal fraud: 2 Bishop Crim. Law (5th ed.) 419, 420; 32 S. E. 318; 124 N. C. 796; 37 S. E. 268; 127 N. C. 553. A postdated cheque no more than promise to pay: 73 N. Y. 80; 86 N. E. 993; 41 L. R. A. (N. S.) 173, 174, note. It is only an inland bill of exchange: 1 Morse Banks & Banking (4th ed.), sec. 381o-, pp. 673, 674. The statute will not be…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
The defendant was indicted and tried before his Honor, Judge Memminger, under section 208 of the Criminal Code, for drawing and uttering a check for $30.25, upon a bank, without sufficient funds to meet the same. He was convicted by the jury and sentence imposed.
1 Defendant appeals and by fourteen exceptions questions the correctness of his Honor’s ruling. ■ The ninth exception complains of error in refusing the defendant’s first request to charge, which is as follows : “If the check in question in this case was given prior to the…
2Cited by6 opinions
- Anderson v. BrysonSupreme Court of Florida · 1927
- Commonwealth v. MassaroSuperior Court of Pennsylvania · 1929
- St. Charles Mercantile Co. v. Armour & Co.Supreme Court of South Carolina · 1930
- State v. BrazzellSupreme Court of South Carolina · 1966
- State v. McCutcheonCourt of Appeals of South Carolina · 1985
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