Supreme Court of North Carolina, 1934

State v. Tatum

State v. Tatum
Supreme Court of North Carolina · Decided January 24, 1934 · Beogden
205 N.C. 784

State v. Tatum

Opinion of the Court

BeogdeN, J.

There is no essential difference between a post-dated check and one given with the understanding or agreement that the same shall be held and presented by the owner at a future date. It was the function of the jury to determine whether such agreement was made. If it was made at the time of giving the check, the defendant would not be guilty upon the facts disclosed by the record. See S. v. Crawford, 198 N. C., 522, 152 S. E., 504; S. v. Franklin, 204 N. C., 157; S. v. Byrd, 204 N. C., 162.

New trial.

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