State v. Kiziah, 266 N.C. 118 (1965)

Dec. 15, 1965 · Supreme Court of North Carolina

266 N.C. 118

STATE v. C. E. KIZIAH.

(Filed 15 December, 1965.)

Appeal by defendant from McLaughlin, J., May 24, 1965 Criminal Session (High Point Division) GuileoRd Superior Court.

The defendant was charged in a warrant issued by the High Point Municipal Court with issuing and delivering to Bernard M. Gutterman, T/A Thaden Moulding Corporation, a check drawn on High Point Savings & Trust Company in the amount of $110.00 for merchandise, knowing at the time that he did not have sufficient funds on deposit nor arrangement with the bank to pay the check upon presentation. From a conviction and judgment in the Municipal Court, the defendant appealed to the Superior Court of Guilford County where he entered a plea of not guilty. He was not represented by counsel but cross-examined the State’s witnesses and testified in his own behalf. From a verdict of guilty and judgment thereon, he obtained counsel and appealed.

T. W. Bruton, Attorney General, Harrison Lewis, Deputy Attorney General, Millard B. Rich, Jr., Trial Attorney for the State.

Boyan <fe Wilson by Clarence C. Boyan for defendant appellant.

Pee Cueiam.

The defendant’s only assignment of error is the failure of the court to enter judgment of nonsuit or to direct a verdict of not guilty at the close of the evidence. The State’s witness, Gutterman, testified that defendant purchased furniture, received a bill of lading therefor, and gave a check for $110.00 in payment. The check was returned by the bank on which it was drawn with the notation, “No account.” The defendant testified in his own behalf and, on cross-examination, stated: “I signed that check. I knew at the time I signed it I didn’t have any money in the bank and I told him (the prosecuting witness) so.” He claimed that his partner promised to make a deposit in the bank. This was not done.

The evidence was sufficient to go to the jury and to sustain its verdict of guilty and the judgment thereon.

No error.