HODGES v. STATE

3 Div. 127.

155 So.2d 533 (1963)

E. H. HODGES v. STATE.

Court of Appeals of Alabama.

June 28, 1963.


Attorney(s) appearing for the Case

Henry J. Harper, Montgomery, for appellant.

Richmond M. Flowers, Atty. Gen., and David W. Clark, Asst. Atty. Gen., for the State.


PRICE, Presiding Judge.

Appellant was convicted of a violation of Title 14, Sec. 234(4), the "bad check" law.

During his oral charge the court read to the jury, Section 234(5), which provides that the refusal of the drawee bank to pay the check shall be prima facie evidence of intent to defraud, and of knowledge of insufficient funds.

The court then instructed the jury as follows:

"Prima Facie, as...

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