Legal Opinion

Berry v. State

Supreme Court of Georgia

Decided March 18, 1922No. 2893PublishedCited by 47 opinions

Indictment for passing worthless check. Before Judge Worrill. Seminole superior court. October -26, 1921. W. M. Berry was indicted for giving a worthless check, and was convicted. He moved for a new trial, which was refused; and this is the error assigned. On September 19, 1921, P. L. Watts loaned W. M. Berry forty-eight dollars to pay in part a fine imposed.upon him at Crawford-ville, Fla. Berry came back to Brinson, Georgia.

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Indictment for passing worthless check. Before Judge Worrill. Seminole superior court. October -26, 1921. W. M. Berry was indicted for giving a worthless check, and was convicted. He moved for a new trial, which was refused; and this is the error assigned. On September 19, 1921, P. L. Watts loaned W. M. Berry forty-eight dollars to pay in part a fine imposed.upon him at Crawford-ville, Fla. Berry came back to Brinson, Georgia. On September 20, 1921, Watts went to Iron City, Seminole County, Georgia, and asked Berry to pay him. Berry said that he and his father would go out in the country and…

1Opinion of the CourtHines, J.

(After stating the foregoing facts.)

1. It is urged by counsel for the defendant that section 34 of the act of August 16, 1919 (Ga. Laws 1919, pp. 135, 220) is in conflict with article 3, sec. 7, par. 17, of the constitution of this State, which provision is fully set out in the first headnote, because this act amends or repeals the act of August 14, 1914 (Ga. Laws, p. 86), which makes “ it a misdemeanor to draw and utter any check, draft, or order when the drawer has not at the time sufficient funds to meet the same, provided such drawer does not deposit with the drawee sufficient funds to…

2Cases cited20 opinions

  1. Mann v. StateSupreme Court of Georgia · 1906
  2. Futch v. StateSupreme Court of Georgia · 1892
  3. Green v. StateSupreme Court of Georgia · 1905
  4. Nolan v. Central Georgia Power Co.Supreme Court of Georgia · 1910
  5. Peed v. McCrarySupreme Court of Georgia · 1894

15 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. State v. HaremzaSupreme Court of Kansas · 1973
  2. Merry Bros. Brick & Tile Co. v. HolmesCourt of Appeals of Georgia · 1938
  3. Burnam v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
  4. State v. Sinclair & Sinwellan Corp.Court of Appeals of Maryland · 1975
  5. Holder v. StateCourt of Appeals of Georgia · 2000

42 more not listed; retrieve them via the Exa API.

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