#### STATE v. MRS. OTTIS COPPLEY.

(Filed 20 November 1963.)

Bills and Notes § 20—

Where the evidence discloses that the check issued by defendant was returned by the bank, mot on .account of insufficient funds, but because if was written on the wrong kind of check form, the court should enter a judgment of not guilty in a prosecution for issuing a worthless check.

Appeal (by defendant from McConnell, J., February 18, 1963 Session, RowaN Superior Court.

In this criminal prosecution the State charged that on January 9, 1961, Mrs. Ottis Coppley “did unlawfully, wilfully, draw, malee, utter, Asisue and deliver- to Wallace Motor Company a check drawn on the Commercial Bank of Lexington, N. C., for the payment of money in the sum of $11.94, knowing at the time of the making, drawing, uttering, issuing, and delivering of said check as aforesaid that she did not have sufficient funds on deposit in or credit with said bank with which to pay the same upon presentation.”

The defendant entered a plea of not guilty. The following w.ais in evidence from the bank upon which the check was drawn:. ... , ;i

*543“This is 'to 'Certify that the check for $11.94 'referred to beloiw wais presented to us for payment on February 11, 1961. I-t wa.s goiod for the amount for which it was drawn and wais not returned on account of insufficient fundís but because it wais written on tibe wrong kind of 'check form. Mrs. Goppley isay© she did not 'have one of her' ehecbs on us at the time, and that the payee insisted that he change one of -hois forms, /s/ Commercial Bank of Lexington, by: J. W. McLendon.”

From a verdict of guilty and judgment, the defendant appealed.

T.. W. Bruton, Attorney General, James F. Bullock, Asst. Attorney General for the State.

Henderson •& Yeager by Buford T. Henderson, Frank J. Yeager for defendant appellant.

PeR Cueiam.

The certificate from the Commercial Bank of Lexington wais in evidence, uneonifaraidicted and unchallenged. That evidence made out a complete defense to the charge. The court should have entered a judgment of not guilty. The judgment and verdict are set aside. The cause is remanded for disposition as here directed.

Reversed.