State v. Lowenstein
Ohio Supreme Court
Exceptions by the Prosecuting Attorney to the Decision of the Court of Common Pleas of Hamilton county. This case arises upon exceptions taken by the state to the action of the trial court in directing a verdict for the defendant. The defendant, Ben Lowenstein, was indicted by the grand jury of Hamilton county, in the court of common pleas, charged with issuing a check against insufficient funds.
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Exceptions by the Prosecuting Attorney to the Decision of the Court of Common Pleas of Hamilton county. This case arises upon exceptions taken by the state to the action of the trial court in directing a verdict for the defendant. The defendant, Ben Lowenstein, was indicted by the grand jury of Hamilton county, in the court of common pleas, charged with issuing a check against insufficient funds. To this indictment defendant entered a plea of not guilty, and the case was tried at a subsequent term of the court. A jury was impaneled and sworn to try the case, and counsel for the state then…
1Opinion of the CourtAllen, J.
The sole question in this case is this: Does the giving of a check drawn on a bank wherein there are insufficient funds to pay the same, when the check is given for a past consideration, constitute a prima fade violation of Section 710-176 of the General Code? This section reads as follows:
“Any person who, with intent to defraud, shall make or draw or utter or deliver any check, draft or order for the payment of money upon any bank or other depositary, who, at the time thereof, has insufficient funds or credit -with such bank or depositary, shall be guilty of a felony, and upon conviction…
2Cases cited3 opinions
- United States v. PlylerSupreme Court of the United States · 1911
- People v. MeyerIllinois Supreme Court · 1919
- Commonwealth v. HammockCourt of Appeals of Kentucky · 1923
3Cited by32 opinions
- Mouse v. Central Savings & Trust Co.Ohio Supreme Court · 1929
- State v. DoaneOhio Court of Appeals · 1990
- State v. MeeksArizona Supreme Court · 1926
- State v. BradleyWashington Supreme Court · 1937
- State v. KarcherOhio Supreme Court · 1951
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