State v. Kiziah

Supreme Court of North Carolina
State v. Kiziah, 266 N.C. 118 (N.C. 1965)
145 S.E.2d 308; 1965 N.C. LEXIS 1404
Cueiam

State v. Kiziah

Opinion of the Court

Pee Cueiam.

The defendant’s only assignment of error is the failure of the court to enter judgment of nonsuit or to direct a verdict of not guilty at the close of the evidence. The State’s witness, Gutterman, testified that defendant purchased furniture, received a bill of lading therefor, and gave a check for $110.00 in payment. The check was returned by the bank on which it was drawn with the notation, “No account.” The defendant testified in his own behalf and, on cross-examination, stated: “I signed that check. I knew at the time I signed it I didn’t have any money in the bank and I told him (the prosecuting witness) so.” He claimed that his partner promised to make a deposit in the bank. This was not done.

The evidence was sufficient to go to the jury and to sustain its verdict of guilty and the judgment thereon.

No error.

Reference

Full Case Name
STATE v. C. E. KIZIAH
Status
Published