Bess v. State

Clark, Judge.

Defendant was tried before a jury and convicted of criminal issuance of a bad check (Code § 26-1704). This appeal enumerates as error two portions of the court’s charge to the jury. Held:

1. Code § 26-1704 provides that, "it is prima facie evidence that the accused knew that the instrument would hot be honored, if: (1) The accused had no account with the drawee at the time the instrument was made, drawn, uttered, or delivered; or (2) Payment was refused by the drawee for lack of funds, upon presentation within 30 days after delivery and the accused failed to make good within 10…