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TAPLEY v. STATE

39404.

106 Ga. App. 215 (1962)

126 S.E.2d 715

TAPLEY et al. v. THE STATE.

Court of Appeals of Georgia.

Decided June 28, 1962.

Attorney(s) appearing for the Case

Edwin A. Carlisle, Gainey & Gainey, for plaintiffs in error.

Marcus B. Calhoun, Solicitor, contra.

FRANKUM, Judge.

"On a prosecution under Code § 13-9933, for passing worthless checks, the intent to defraud cannot be presumed until it is shown by the evidence that the defendant did not have sufficient funds in or credit with the bank upon which the check was drawn to pay it at the time it was presented for payment."1 Crain v. State, 78 Ga.App. 806 (52 S.E.2d 577). And to prove intent to defraud there must be a presentment...

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