[Download] "State v. Haremza" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Haremza
- Author : Supreme Court of Kansas
- Release Date : January 03, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The opinion of the court was delivered by This is an appeal by the state in a criminal action. The
appellee-defendant, Robert A. Haremza, was charged in the
information with two counts of giving a worthless check in the
amount of $50 or more as provided by K.S.A. 1971 Supp. 21-3707.
The defendant filed his motion to dismiss the information on the
grounds that the statute K.S.A. 1971 Supp. 21-3707 is in
violation of the United States and Kansas Constitutions. The
district court sustained the motion to dismiss on the grounds
that the Kansas worthless check law, 21-3707, is "void and
unenforceable as a deprivation under the law." From the order of
dismissal the state has appealed to this court. The issue presented to the court on this appeal is purely a
question of law รข€” the constitutionality of K.S.A. 1971 Supp.
21-3707. The defendant, Haremza, attacks the constitutionality of
the statute on three theories: (1) The statute creates a prima
facie case against the defendant contrary to the due process
clause of the Fourteenth Amendment to the United States
Constitution; (2) the statute denies equal protection of the law;
and (3) the statute is a collection statute and violates the
Kansas Bill of Rights, Section 16, which prohibits imprisonment
for debt. Before considering each one of these contentions we
should examine carefully the statute in question. K.S.A. 1971
Supp. 21-3707 provides as follows:
"21-3707. Giving a worthless check. (1) Giving a
worthless check is the making, drawing, issuing or
delivering or causing or directing the making,
drawing, issuing or delivering of any check, order or
draft on any bank or depository for the payment of
money or its equivalent with intent to defraud and
knowing, at the time of the making, drawing, issuing
or delivering of such check, order or draft as
aforesaid, that the maker or drawer has no deposit in
or credits with such bank or depository or has not
sufficient funds in, or credits with, such bank or
depository for the payment of such check, order or
draft in full upon its presentation.