106 Ga. App. 215 | Ga. Ct. App. | 1962
“On a prosecution under Code § 13-9933, for passing worthless checks, the intent to defraud cannot be presumed until it is shown by the evidence that the defendant did not have sufficient funds in or credit with the bank upon which the check was drawn to pay it at the time it was presented for payment.”
Applying the above principles of law to the facts shown by the evidence, the State failed to prove that the check in question was drawn with intent to defraud. The evidence shows that on September 2, 1961, a check was drawn upon the account of a corporation with the Bank of Ochlochnee by one of the defendants, Tillie W. Tapley, a bookkeeper of the corporation. The check was made payable to the Pure Oil Company and was delivered to an employee of H. D. Adams, a Pure Oil distributor, in payment for gasoline and oil delivered to a service station of the corporation upon the request of the defendant, Frank Tapley, manager of the corporation. On
Judgment reversed.
The defendants in the instant case were tried and convicted under Code § 13-9933, as it existed prior to the enactment of Ga. L. 1962, p. 593.