QUESTION OF INTENT.

New Zealand Herald, Volume LXVIII, Issue 20866, 7 May 1931, Page 12

QUESTION OF INTENT.

VALUELESS CHEQUE GIVEN. CHARGE AGAINST BUILDER. VERDICT OF NOT GUILTY. The question of the intent with which a valueless cheque was passed was raised in the Supremo Court yesterday during the hearing of a charge against John Francis Burns, aged 25, builder (Mr. Noble), of attempting to obtain a motorcar valued at £l9O by means of a valueless cheque. Boy McDermott, a motor salesman, said (hat on February 26 accused decided to buy a used car from witness' firm and to pay £l9O in cash.» Accused said he was opening an account at tho Bank of New Zealand and he was putting with it £2BOO, which ho expected to arrive from tho South Island. On February 27 accused signed a promissory note for £202 2s 2d pnyablo on March 2, as lie said tho money had not arrived at the bank. Accused later gave witness a demand draft, which was returned by the bank marked " signaturo not like specimen held." Alexander M. Robertson, manager of the firm, said tho cheque was prepared by a clerk at his instructions and signfd by accused. The understanding was that accused could not obtain tho car until the cheque had been cleared. The head ledger-keeper at the bank said that, at tho time of tho alleged offence, there was no account for " J. F. Burns." Detective Sneddon read a statement, in which accused said he had no money in tho bank, nor prospect of any arrivin«" Addressing the jury, Mr. Justice Smith said the question was whether accused intended to obtain the car by merely passing over tho chequo. A verdict of not guilty was returned and accused was discharged.