Kirby v. State

The plaintiff in error was convicted for violating T.C.A. sec. 39-1904 (obtaining an automobile by means of a worthless check), and sentenced to serve five years in the State Penitentiary.

He filed a motion for a new trial, contending there was no evidence to support the verdict and that the evidence preponderated against the verdict and in favor of his innocence, and further that the punishment assessed by the jury was excessive.

The motion was amended by assigning for error the action of the court in instructing the jury that it was unnecessary to give the ten days notice of dishonor of the…