State v. Merriweather

OPINION

HARBISON, Chief Justice.

The single issue presented on this appeal is the sufficiency of jury instructions concerning the statutory “presumption” permitted by T.C.A. § 39-1960 in prosecutions under the bad check law. See T.C.A. § 39-1959.

Appellant was indicted for issuing such a check to obtain merchandise at a grocery store. The jury convicted her of attempt to commit a felony, T.C.A. § 39-603, a lesser included offense. See State v. Staggs, 554 S.W.2d 620 (Tenn.1977).

The instruction given by the trial judge with reference to the “presumption” was quite brief. It paraphrased the…