Rasbury v. State

In Rasbury v. State 136 Tex.Crim. 506, 126 S.W.2d 972 (1939) the Court held that the actual value of a $ 165 personal check signed by an elderly man with poor eyesight made out to a "doctor" with a miracle cure, was not proven when the evidence showed that the elderly man had no money in the bank. The testimony showed that: the complainant told the miracle doctor that he did not have the money in the bank; the complainant did not, in fact, have money in the bank; the bank cashier had refused to cash the check when it was presented by the "doctor." Id. at 508, 126 S.W.2d at 973-74. In that case the Court said: There is no testimony from any source that the alleged injured party had any property which could have been subjected to execution and out of which the check might have been satisfied. Nor is there any testimony that the check had any market value. In other words, had appellant offered to sell the check, it is not shown what it would have brought, if anything. It will be noted that testimony relative to the value of the check is unsatisfactory and too uncertain to sustain a conviction for a felony. Id.