State v. McCutcheon

Gardner, Judge:

Jamie McCutcheon (McCutcheon) was tried and convicted on two counts of obtaining property by false pretenses, Section 16-13-240, Code of Laws of South Carolina (1976). The *525charges were based upon two postdated checks, one given to a Mr. Anderson (Anderson) and one given to a Mr. Jarrell (Jarrell), both of whom are oil dealers. We reverse.

McCutcheon was engaged in the retail sale of gasoline. It is undisputed that the checks upon which the case hinges were postdated and were given to purchase gasoline for resale.

False pretenses is defined in State v. Love, 275 S. C. 55, 271 S.…