Randall v. State

Citations

• 82 Fla. 333
• 89 So. 875

Syllabus

<p>1. An indictment charging the accused with issuing a check upon a hank without having sufficient funds on deposit in such hank to pay the check, and having failed, within the time allowed after receipt of written notice of non-payment of such check, to make restitution by returning the property received therefor, which contains no allegation that the title or possession of the property given for the check was transferred upon the faith of the payment of the check, is fatally defective and a motion to quash such indictment should he granted.</p> <p>2. An indictment for an offense prescribed and defined by statute which omits to allege essential elements of the offense is defective and should be quashed upon motion specifically pointing out such defect.</p>