2 Ohio Law. Abs. 149
142 N.E 897
Decided February 19, 1924
Ohio Supreme Court · decided 1924-02-19
Exceptions by the Prosecuting Attorney to the Decision of the Court of Common Pleas of Hamilton county. This case arises upon exceptions taken by the state to the action of the trial court in directing a verdict for the defendant. The defendant, Ben Lowenstein, was indicted by the grand jury of Hamilton county, in the court of common pleas, charged with issuing a check against insufficient funds.
Decided 1924-02-19
¶1Under Section 710-176, General- Code, the making, drawing, uttering or delivering of a check, draft or order, payment of which is refused by the drawee, is prima facie evidence of the intent to defraud, and the mere fact that the check was given for a past consideration does not justify the court in taking the case from the jury upon the admission of that fact in the opening statement by counsel for the state.
¶2Exceptions sustained.