Harris v. State
| Decision Date | 31 October 1960 |
| Docket Number | No. 60-70,60-70 |
| Citation | 123 So.2d 752 |
| Parties | Elmer M. HARRIS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Stephens & Hames, Miami, for appellant.
Richard W. Ervin, Atty. Gen., and Joseph Nesbitt, Asst. Atty. Gen., for appellee.
The appellant was informed against and convicted of unlawfully obtaining from another 'merchandise' of the value of more than $100 in exchange for a worthless check. He was sentenced to one year and a half in the state penitentiary and fined $1,000. The appeal is from the judgment of conviction and sentence.
The record discloses that the appellant had, over a period of approximately one year, dealt with one Willard Johnson, who was engaged in the letter and printing service and had rendered services and materials in the approximate sum of $1,000 to the appellant. The check in question was for the sum of $338.48 and appears to have been given in part payment of an existing obligation. The check for $338.48, upon which prosecution was predicated, was placed for clearance by Johnson and was returned by the bank indicating that there was insufficient funds in appellant's account to pay the check. The appellant's prosecution followed, during the course of which he moved, at the conclusion of the state's case and after all the evidence, for directed verdict, both of which motions were denied. It is the denial of appellant's motions for directed verdict, based upon the alleged insufficiency of the evidence, that is urged as error on appeal.
The statute under which the information appears to have been drawn--s 832.05(3)--reads as follows:
'Obtaining property in return for worthless checks, etc.--It shall be unlawful for any person, firm or corporation to obtain any services, goods, wares or other things of value by means of a check, draft or other written order upon any bank, person, firm or corporation, knowing at the time of the making, drawing, uttering, issuing or delivering of said check or draft that the maker thereof has not sufficient funds on deposit in or credit with such bank or depository with which to pay the same upon presentation, provided however that no crime may be charged in respect to the giving of any such check or draft or other written order where the payee knows or has been expressly notified or has reason to believe that the drawer did not have on deposit or to his credit with the drawee sufficient funds to insure payment thereof.' [Emphasis supplied.]
Section 832.05(2) makes it unlawful to issue a worthless check without obtaining anything of value in exchange. These two subsections therefore differ in one major aspect in that § 832.05(3) condemns, in addition to the issuance of a worthless check, the obtaining of services, goods, wares or other things of value by means of the check. Section 832.05(6)...
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...debt. * * * Therefore, we hold that NRS 205.130(1) does not apply to checks given for pre-existing debts.' Harris v. State of Florida, 123 So.2d 752 (Fla.App.1960); Blue Bonnet Creamery, Inc. v. Gulf Mills Association, 172 So.2d 133 (La.App.1965); Jackson v. State, 251 Miss. 529, 170 So.2d ......
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State v. Harris, 31209
...filed a petition for certiorari contending that the decision of the District Court of Appeal, Third District, reported as Harris v. State, Fla.App.1961, 123 So.2d 752 is in direct conflict with numerous prior decisions of this Court and at least one decision of another district court of We ......
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Sherman v. State
...with a prior decision of this Court (State v. Harris, 136 So.2d 633), as well as decisions of District Courts of Appeal (Harris v. State, 123 So.2d 752; Davis v. State, 214 So.2d 41; Fitzgerald v. State, 227 So.2d 45) on the same points of law. Fla.Const., art. V, § 4, Petitioner, hereinaft......
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McCormick v. State
...goods, wares or things of value by means of a worthless check). In support of this argument appellant cites, inter alia, Harris v. State, Fla.App. 1960, 123 So.2d 752, modified on cert. Fla., 136 So.2d 633, 91 A.L.R.2d 1088 and Helms v. State, Fla.App. 1961, 128 So.2d 756. In each of these ......