Grantham v. State

Citations

• 83 Fla. 16
• 90 So. 697

Syllabus

<p>1. In a prosecution for the offense of issuing a check upon a bank where the maker of the check had not sufficient funds on deposit -with the’ bank to pay the check, the burden is upon the State to show that the defendant gave the check for something of value, that he had not sufficient funds in the hank upon which the check was drawn, either at the time it was drawn or at the time it was presented for payment to pay the same and failure to make restitution or pay the money within twenty-four hours after notice.</p> <p>2. A defendant in a criminal prosecution is not entitled as of' right to an instruction to the jury to return a verdict of acquittal.</p> <p>3. Where the constitutionality of a statute is not attacked and it is not made to appear that it is a contravention of any designated portion of the constitution the court will assume its constitutionality and that it is sufficient as a basis for a criminal prosecution.</p> <p>-.4. Chapter 7203, Acts 1917, which prohibits the issuing by any one of a check on a bank when the maker of the check lias not sufficient funds on deposit with the bank to pay the ■cheek, requires written notice to be given to the maker of the •check of its presentation to and non-payment by the bank; the purpose of the notice being to give to the maker of the check an opportunity to make payment or return the thing of value obtained by the worthless check.</p> <p>5. Evidence examined and found sufficient to support the conviction.</p>