76 Fla. 168 | Fla. | 1918
This writ of error was taken to a judgment of conviction on a charge that Osborn Wolfe did give, make and issue to named pajees a certain bank check in his own behalf in payment for a carload of grapefruit, the title to which grapefruit was then and there transferred to Wolfe upon faith of payment of said check, “and the said Osborn Wolfe did not at the time of presentation of said bank check have sufficient money on deposit with * * * the bank upon which said bank check was drawn * * * to pay said bank check, and' the said Osborn Wolfe did not within twenty-four hours after written notice of the presentation and non-payment * * * of said bank check, make full and complete restitution,” etc.
The Statute under which the information was filed is as follows:
“CHAPTER 7263. — (No. 5.)
“AN ACT to Prohibit the Issuing by Any One of Checks or Orders Upon Banks or Other Persons, When the Makers of Such Orders or Checks Have Not Sufficient Funds on Deposit With the Drawee, to Pay Such Order, to Prescribe a Rule of Evidence Therein, and to Provide Punishment Therefor.
“Be It Enacted hy the Legislature of the State of Florida:
“Section 1. Whoever gives, makes or issues to another any draft, order or check, either in his own behalf, or as agent for any person or persons, firm or corporation in payment of goods or chattels, lands or tenements, or other things of value, the title or possession of which shall have been transferred upon fath of payment of such draft, order or check, and shall not at the time of giving,*170 making, issuing or presentation of such draft, order or check have sufficient money on deposit with such hank, or banking house, person, firm or corporation to pay said draft, order or check by the bank, banking house, person, firm or corporation drawn upon, shall not within twenty-four hours after written notice of the presentation to and non-payment by such bank, banking house, person, firm or corporation of such draft, order or check, make full and complete restitution by returning the consideration received for such draft, order or check to the person or persons in whose favor such draft, order or check was made payable, provided' the same shall not have been transferred by the payee or by paying the amount of the same to the payee or the lawful holder thereof if the same shall have been transferred, shall be deemed guilty of a felony, and upon conviction shall be punished by imprisonment in the State prison for a period not greater than one year, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment.
“Sec. 2. The introduction of such unpaid draft, check or order, with the supplementary oa.th of the payee or drawee, or his agent, that such draft, check or order was presented for payment or entered for collection, and that the same was returned unpaid, shall be deemed prima ■facie evidence of insufficient funds for the payment thereof, and a receipt from the registry department of any United States Postoffice shall be deemed prima facie evidence of the actual delivery of notice as provided in this Act.
“Sec. 3. All laws or parts of laws in conflict with this Act are hereby repealed'.
“Approved May 21, 1917.”
It appears that the defendant, Wolfe, deposited with the drawee bank a draft on a party in Philadelphia suffi
The Statute makes it a crime to issue to another a check in payment for anything of value, the title or pos session of which shall have been transferred upon faith of payment of such check, when the drawer has not “at the time of giving, making, issuing or presentation” of such check “sufficient money on deposit with” the drawee to pay such check, and the party who. gives, makes or issues the check “shall not within twenty-four hours after written notice of the presentation” and non-payment of the check “make full and complete restitution,” etc. The
In charging the Jury the Court erroneously quoted the second section of the Statute as containing the word “available” before the word “funds.”