People v. Roach
This text of 231 A.D. 622 (People v. Roach) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This judgment should be reversed and the information dismissed, because the proof, while establishing prima facie an intent to defraud, under the statute, by showing the uttering of the check when funds were not on deposit in the depositary, was overcome and rebutted by the circumstances proven in the defense, which established, against the presumption, a lack of any intent to defraud;by the issuance of the check.
Present — Finch, McAvoy, Martin and O’Malley, JJ.
Judgment reversed and the information dismissed.
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Cite This Page — Counsel Stack
231 A.D. 622, 249 N.Y.S. 517, 1931 N.Y. App. Div. LEXIS 16119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-roach-nyappdiv-1931.