#### STATE v. D. M. BYRD.

(Filed 8 February, 1933.)

Bills and Notes I f—

A post-dated check for a past account does not come within provisions of the “bad-check law.” O. S., 4283(a).

Appeal by defendant from Moore, J., at April Term, 1932, of Mitchell.

New trial.

Attorney-General Brummitt and Assistant Attorney-General Seawell for the State.

Berry & Greene for defendant.

AdaMS, J.

The defendant drew two checks on the Bank of Spruce Pine payable to the order of the Climax Manufacturing Company. Both checks were post-dated — that is, the date on each check was later than the real date of its issue: The question is whether the defendant is guilty of giving a worthless check in violation of section 4283(a) of the Consolidated Statutes.

The trial court instructed the jury to convict the defendant if they believed the evidence and found beyond a reasonable doubt that he had given the checks, and that it made no difference whether the checks were or were not post-dated.

They were given for a past account and if post-dated did not import criminal liability. S. v. Crawford, 198 N. C., 522. For error in the instruction the defendant is entitled to a new trial.

New trial.