Burnam v. Commonwealth

Opinion op the Court by

Commissioner Stanley

Reversing.

The appellant, Theo Burnam, was indicted on the charge of “making, uttering and delivering a cold check,” 'Committed by giving a check for $46.80 to one Wallace and thereby obtaining credit on a note then in his hands for collection. At the time the accused did not have any funds in the bank on which the check was drawn and did not satisfy it after having received notice of its nonpayment. A demurrer to the indictment was overruled. The defendant then entered a plea of guilty and was sentenced .to serve one year in the penitentiary, from…