17 S.E.2d 86 | Ga. Ct. App. | 1941
The evidence did not authorize a finding that the defendant intended to defraud either the Florida bank or Herman Rich, the persons alleged to have been defrauded in the alleged giving of a worthless check in violation of the Code, § 13-9933. The judge erred in overruling the certiorari.
Thus we do not think the evidence for the State showed beyond a reasonable doubt that the defendant, at the time he gave the check in question, had any intention to defraud Rich. The verdict was not sustained by the evidence on this all important issue. Intent to defraud is the very gravamen of this offense. McCard
v. State,
It is never reversible error to refuse to direct a verdict, and the judge did not err, as contended by the defendant, in so refusing. The president of the Florida bank properly qualified with reference to the ledger sheets, and the court did not err in allowing him to testify therefrom. The other questions raised by the petition for certiorari are not likely to arise on another trial of the case, and are not considered. The judge erred in overruling the certiorari.
Judgment reversed. Broyles, C. J., and Gardner, J., concur.