Opinion
(Filed 8 February, 1933.)
Bills and Notes I f —
A post-dated check for a past account does not come within provisions of the "bad-check law." C. S., 4283(a).
APPEAL by defendant from Moore, J., at April Term, 1932, of MITCHELL. New trial.
Attorney-General Brummitt and Assistant Attorney-General Seawell for the State.
Berry Greene for defendant.
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.