Tbе question for decision is tbe reаsonableness of tbe punishment infliсted. Tbe defendant was given an opportunity in tbe Municipal Court tо escape the road sentence there imposed by paying bis check and tbe costs of tbe action. This be elected not to do.
He was given tbe same sentence upon a plea of guilty in tbe Superior Court without any conditional or electivе suspension. He would now like to go back and accept tbе conditions attached to tbе sentence in tbe Municipal Court. These conditions, however, are no longer available to him.
His appeal here is to test tbe alleged cruelty and unusuality оf tbe punishment inflicted in tbe Superiоr Court where be entered a plea of guilty to tbe offense charged.
Tbe defendant was given twо chances by tbe bolder of tbе check, and two by tbe Municipаl Court. Tbe Superior Court evidently thought tbe best way to take bis bad chеcks out of circulation was to take him out of circulation for awhile. A check is a negotiаble instrument and passes readily through tbe channels of commerce because of tbe faith аnd confidence which those in tbe marketplaces are willing tо repose in negotiable рaper, and it is an injury to sociеty to undermine this confidence. It is not tbe attempted payment of a debt that is condemned by tbe statute, but tbe giving of a worthless check and its consequent disturbance оf business integrity.
S. v. Yarboro,
Tbe sentence imposed is less than tbe punishment heretofore approved in a numbеr of misdemeanor cases. It cannot be said to be “cruel and unusual” in a constitutional sense. Tbe judgment will be affirmed on ' authority of
S. v. Levy,
Affirmed.