Moody v. State

This is a case of swindling by worthless check; the punishment, two years in the penitentiary.

The prosecution arose under art. 567b, Section 1, of Vernon's Penal Code.

On August 21, 1945, appellant purchased ninety-three head of cattle at an auction sale at Alice, Texas, and gave in payment therefor his check for $4,778.92 drawn upon a bank at Cameron, Texas. The check was duly deposited in a bank at Alice, Texas, and four days thereafter — or on August 25, 1945 — reached the Cameron bank and payment was refused because the check was "Drawn against uncollected funds."

The action of the bank in…