Bowers v. State

Full title: BOWERS v. THE STATE

Court: Court of Appeals of Georgia

Date published: Feb 11, 1982

290 S.E.2d 362 (Ga. Ct. App. 1982)

290 S.E.2d 362

Opinion

61721.

DECIDED FEBRUARY 11, 1982.

Bad check. Columbia Superior Court. Before Judge Fleming.

Patrick J. Rice, David B. Bell, for appellant.

Sam B. Sibley, Jr., District Attorney, William H. Lumpkin, Charles R. Sheppard, Assistant District Attorneys, for appellee.

BIRDSONG, Judge.

Our judgment in Bowers v. State, 159 Ga. App. 257 ( 283 S.E.2d 53) wherein we held that a worthless check issued in payment for services rendered over two months after those services had been completed was for a present consideration where the check was issued in response to the first billing for those services, has been reversed by the Supreme Court ( Bowers v. State, 248 Ga. 714 ( 285 S.E.2d 702)). Inasmuch as the evidence did not foreclose that the worthless check was issued for a past consideration, the evidence was not sufficient to support a conviction under Ga. L. 1968, pp. 1249, 1288; 1975, pp. 482, 483; 1977, pp. 1266, 1267 (Code Ann. § 26-1704 (a)). The conviction and judgment are reversed in conformity with the judgment of the Supreme Court.

Judgment reversed. Shulman, P. J., and Sognier, J., concur.

DECIDED FEBRUARY 11, 1982.