State v. Orth

McGRAW, Chief Justice:

This is an appeal by Nancy Orth from her conviction in the Circuit Court of Ohio County on two counts of obtaining money by. means of a worthless check in violation of West Virginia Code § 61-3-39 (1984 Replacement Vol.). Because we find that the recipient of the checks in question had reason to believe the appellant did not have sufficient funds on deposit, the statute is inapplicable, and we reverse.

Following the death of her husband, the appellant began to gamble. She regularly traveled from her Pittsburgh, Pennsylvania home to Wheeling Downs to bet on the dog races.…