State v. Avery

The opinion of the court was delivered by

Burch, J.:

The defendant was convicted of violating the statute prohibiting a person from-drawing a check on a bank, knowing he has no funds on deposit to meet the check when presented, and appeals. Two counts of the information were quashed, and the state also appeals.

Section 1 of the statute reads as follows:

“It shall be unlawful for any person, corporation, or partnership, to draw, make, utter, issue or deliver to another any check or draft on any bank or depository for the payment of money or its equivalent, knowing, at the time of the making,…