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Holder v. State

Defendant could not be convicted for deposit account fraud for issuing a bad check for the victim's profit share in defendant's membership corporation, since the victim gave nothing of value in exchange for the check at the time the check was issued.

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A Forsyth County jury found Michael Drew Holder guilty of three counts of deposit account fraud, OCGA § 16-9-20 a, which charges arose when Holder issued several bad checks to a contract employee. Holder was sentenced to probation and ordered to make the checks good.1 He appeals.

1. We find no merit to Holder’s related claims that, because the dates alleged for the delivery of the checks in Counts 1 and 3 of the indictment were different from the dates proved at trial, a the evidence was insufficient to prove the charged offenses; and b there was a fatal variance between the indictment and the State’s proof.

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