Ryan v. State

Citations

• 60 Fla. 25

Syllabus

<p>1. Section 1496 of the General Statutes of 1906, providing for the direction of a verdict by the trial judge, applies only to civil actions and does not extend to criminal prosecutions.</p> <p>2. A defendant in a criminal case is not entitled as of right to an instruction to the jury to return a verdict of not guilty.</p> <p>3. The general rule is in regard to negotiable instruments that it is not necessary that a presentment for payment should be personal. It is sufficient if made at the place specified in the instrument, or personally if the maker or acceptor waives his right of having it made at the place stipulated in the contract; and, if no place is specified in the instrument, then if made at the place of business or residence of the maker or acceptor. Section 3006 of the General Statutes of-1906 is in full accordance with this general doctrine.</p> <p>4. In a criminal prosecution for the violation of Chapter 5468 of the Laws of Florida, (1905, page 162), where the evidence clearly establishes that the draft in question was presented for payment at the place named therein, that the drawee could not be found there, that the draft was not paid, that notice of its non-payment was given to the defendant personally, and that it has never been paid, this is sufficient, so far as presentment and notice of non-payment are required, to uphold a verdict of guilty.</p> <p>5. Evidence examined and found sufficient to sustain the verdict.</p>