BILLS AND NOTES - POST-DATED CHECKS - CRIMINAL LIABILITY

Authors

Abstract

The defendant was indicted for violating a statute which prohibited the drawing of a check with knowledge that funds were insufficient for payment. (Laws of S. D., 1923, c. 121.) The statute provided for abatement of any criminal prosecution upon the defendant's showing that he had an account with the drawee bank thirty days before the check was delivered and had no intent to defraud, and also paid the amount of the check and costs. It was also provided that the statute was inapplicable if the drawee honored the check. The defendant had drawn what is known as a post-dated check. Held, that as applied to post-dated checks, the statute was unconstitutional as imposing imprisonment for debt founded on contract. State v. Nelson (S. D. 1931) 237 N.W. 766.

Recommended Citation

BILLS AND NOTES - POST-DATED CHECKS - CRIMINAL LIABILITY, 30 Mich. L. Rev. 299 (1931).
Available at: https://repository.law.umich.edu/mlr/vol30/iss2/15