Hammack v. State
Mississippi Supreme Court
Appeal from tbe circuit court of Forest county. Hon. P. B. Johnson, Judge. W. Gr. IJammack was convicted of perpetrating a fraud by giving a worthless cheek and appeals. The appellant was tried upon the following indictment, omitting the caption, to wit: “That "W. Gr.
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Appeal from tbe circuit court of Forest county. Hon. P. B. Johnson, Judge. W. Gr. IJammack was convicted of perpetrating a fraud by giving a worthless cheek and appeals. The appellant was tried upon the following indictment, omitting the caption, to wit: “That "W. Gr. Hammack, on the 7th day of November, 1916, in Forrest county aforesaid, acting for himself or as agent and manager of the Lomo Amusement Company, a corporation, feloniously intending to defraud, did obtain from one W. W. Moore tlie sum of thirtysix dollars and twenty-five cents in lawful money of the United States of America,…
1Opinion of the CourtSmith, C. J.
The appellant perpetrated no fraud on Moore by giving him the cheeky here in question; for he informed Moore at the time that he did not have sufficient funds in or credit with the bank on which it was drawn for its payment. The wrong, if any, which was done Moore by appellant was, not giving him the check, but failing to comply with his (appellant’s) promise to deposit sufficient money (with the bank to cover it. The case, therefore, does not come within the intent of chapter 120, Laws of 1916, so that the judgment of the court below will be reversed, and appellant discharged.
Reversed.
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