38 Ga. App. 253 | Ga. Ct. App. | 1928
The indictment in this ease is based on section 247 of the Penal Codo of 1910, and in the first count charges that the accused “did unlawfully, feloniously, and fraudulently make and draw a certain bill of exchange in the fictitious name of J. W. Ellison, as cashier of the Corn Exchange Trust Co., of Chicago, Illinois, being in form and substance as follows, to wit: ‘ The Corn Exchange Trust Co., Chicago, Illinois. No. 4025. Nov. 30, 1927. Pay to the order of Abe Greenberg $1500.00. Fifteen hundred dollars only. Cashier’s Cheek. J. W. Ellison, Cashier;’ said
In Farmers Bank v. Johnson, 134 Ga. 486, 490 (68 S. E. 85), Justice Lumpkin said: “In many respects a check is like an inland bill of exchange, but there are some differences. A check has been defined to be a ‘ draft or order upon a bank or banking house, purporting to be drawn upon a deposit of funds for the payment at all events of a certain sum of money to a certain person named therein, or to him or his order, or to bearer, and payable instantly on demand.’ 2 Daniel on Negotiable Instruments (5th ed.), § 1566. A check does not have to be accepted upon presentment, but paid, if good and if properly presented. One of the differences be
Repeatedly this court and the Supreme Court have held that “each special ground of a motion for a new trial must be complete and understandable within itself, without reference to any other part of the record. This court is not required to look beyond the
Even if the excerpt from the charge embodied in ground 3 of the motion for a new trial is erroneous, a new trial should not be granted because of this alleged error, as the evidence demanded the verdict. In Cason v. State, 16 Ga. App. 820 (86 S. E. 644), the 4th headnote is as follows: “The evidence demanded the conviction of the accused, and it was therefore immaterial what the judge charged or failed to charge the jury.” See also the opinion in that case (pp. 824, 825). In Hagar v. State, 71 Ga. 164, headnote 3 a is as follows: “The verdict was required by the evidence, and in such cases, even if there be error in the charge, it will not necessitate a new trial.” See also the opinion in that case, and cases cited on page 167; Jones v. State, 105 Ga. 649 (31 S. E. 574); Barrow v. State, 80 Ga. 191 (5 S. E. 64).
Judgment affirmed.