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STATE v. McCORD

19391

258 S.C. 163 (1972)

187 S.E.2d 654

The STATE, Respondent, v. Robert C. McCORD, Jr., Appellant.

Supreme Court of South Carolina.

March 16, 1972.

Attorney(s) appearing for the Case

J. Reuben Long, Esquire, of Conway, for Defendant-Appellant.

Messrs. Leonard C. Williamson, Sol., of Aiken, and Randolph Murdaugh, Sol., of Hampton, for Respondent.

March 16, 1972.

BUSSEY, Justice:

Appellant was convicted of violating Sec. 8-176 of the South Carolina Code of Laws, commonly known as the fraudulent check statute. He appeals, asserting that the court should have directed a verdict of not guilty. We agree with his contention and reverse.

The State's case is predicated on the completely novel theory that a check, which admittedly was not a fraudulent one at the time uttered, became a fraudulent one...

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