Spivey v. State

The defendant was charged with giving a worthless draft in payment for live stock which he had purchased. The indictment alleged that he represented to the seller, when he delivered the draft to him, that he had made arrangements with the drawee for it to be paid, and did represent that “it would be paid . . upon presentation, . . and said draft was not paid upon its presentation.” It was also alleged that all the representations made were false. The evidence for the State affirmatively showed that the draft was never presented, before the indictment, to the drawee for payment, nor does the…