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• Title: State Nebraska v. Elijah R. Edmonds
• Author : Supreme Court of Nebraska
• Release Date : January 13, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

The defendant-appellant, Elijah R. Edmonds, was prosecuted and convicted for violation of section 28-1213, R. R. S. 1943,
prohibiting the making and uttering of a bank check with knowledge that he did not have an account, deposit, or credit in
the bank on which it was drawn. The case was submitted to a jury which returned a verdict of guilty. Sentence was imposed
by the trial court and the defendant appeals. On March 18, 1966, defendant went to the place of business of Haley's, Inc., in Nebraska City, Nebraska, for the purpose
of purchasing a used automobile. He contacted one Armbruster, a car salesman for Haley's, Inc., and purchased a 1961 model
Cadillac automobile for the sum of $1,495. Defendant agreed to pay $350 as a cash payment, the balance to be covered by a
chattel mortgage to General Motors Acceptance Corporation. Defendant drew a check bearing the date of March 18, 1966, to Haley's,
Inc., for the $350 downpayment on the Iowa State Bank of Hamburg, Iowa. The defendant returned the next day at which time
the finance papers were executed and the automobile delivered. The check was returned unpaid to the Otoe County National Bank
on March 26, 1966, with a yellow slip attached stating that the check was returned unpaid because the account was closed.
The president of Haley's, Inc., telephoned one Wray, one of its car salesmen residing in Hamburg, Iowa, and instructed him
to call on the defendant and inform him of the nonpayment of the check. On Sunday morning, March 27, 1966, Wray contacted
defendant and told him of the nonpayment of the check. Defendant said he knew the check had not been paid and that he would
see Mr. Haley the next day. Wray saw defendant 4 days later, defendant not having seen Haley, and he was told by the defendant
that his wife had made a covering deposit. Defendant did not contact Haley the following week and the check was turned over
to the county attorney for prosecution.

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