State v. . Byrd
Cases that cite this one
6 later published cases cite this decision.
- State v. Bruce (Utah 1953)
- HOMEWAY FURN. CO. OF MOUNT AIRY v. Horne (Fla. Dist. Ct. App. 2002)
- Homeway Furniture Co. of Mount Airy v. Horne (Fla. Dist. Ct. App. 2002)
- Cook v. State (Tenn. 1936)
- State v. . Tatum (N.C. 1934)
- State v. Tatum (N.C. 1934)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The defendant drew two checks on the Bank of Spruce Pine payable to the order of the Climax Manufacturing Company. Both checks were post-dated — that is, the date on each check was later than the real date of its issue: The question is whether the defendant is guilty of giving a worthless check in violation of section 4283(a) of the Consolidated Statutes.
The trial court instructed the jury to convict the defendant if they believed the evidence and found beyond a reasonable doubt that he had given the checks, and that it made no difference whether the checks were or were not post-dated.
They were given for a past account and if post-dated did not import criminal liability. S. v. Crawford, 198 N. C., 522. For error in the instruction the defendant is entitled to a new trial.
New trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.