153 Ga. 596 | Ga. | 1922
In an accusation duly filed in the city court of Savannah against M. Corenblum it was charged in the • second count (the first count having been stricken upon demurrer) that the accused did, unlawfully and with intent to defraud a named individual, make, draw, and utter a certain check upon the Mercantile Bank and Trust Company, the same being a bank and trust company organized and existing under the laws of the
The title of the act referred to in the foregoing statement of the facts reads as follows: “An act to regulate banking in the State of Georgia; to create the Department of-Banking of the State of Georgia; to provide for the incorporation of banks, and the amendment, renewal, and surrender of charters; to provide penalties for the violations of laws with reference to banking and the banking business; and for other purposes.” This act to regulate banking in the State of Georgia is quite lengthy; it contains 20 articles, and many of these articles contain numerous sections. The subject of these numerous articles is clearly within the purview of the act as indicated by the title; but we are to consider especially section 34 of article 20, the constitutionality of which is challenged on the ground that it contains matter different from what is expressed in the title of the act. Section 34 of article 20 embraces the provision of the statute alleged to have been violated by the defendant. In part that section reads as follows: “Any person who, with intent to defraud, shall make, or draw, or utter, or deliver any cheek, draft, or order for the payment of money upon any bank, or other depository, knowing at the time of such making, drawing, uttering, or delivery that the maker or drawer has not sufficient funds in or credit with such bank, or other depository, for the payment of such check, draft, or order in full upon its presentation, shall be guilty of a misdemeanor.” It is charged in the indictment that the accused did make and utter a check upon a stated bank, without having funds or credit there sufficient for the payment of the same, with intent to defraud a named party,
Judgment reversed.