State v. Marshall

The opinion of the court was delivered by

Hoch, J.:

Appellant was found guilty of giving a worthless check. Reversal is sought on the grounds of improper admission of evidence and of a wrong instruction to the jury.

On June 27, 1938, appellant bought an old tractor for $30 and gave a check for that amount. The bank refused payment and there is no contention that the appellant at that time or at any time had any funds on deposit there. Appellant was tried on a charge of violating the provisions of the no-fund check statute (G. S. 1935, 21-554), convicted by a jury in May, 1940, and sentenced to…