(DOWNLOAD) "State Utah v. Michael Alfonso Delmotte" by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: State Utah v. Michael Alfonso Delmotte
- Author : Supreme Court Of Utah
- Release Date : January 14, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
PER CURIAM: This is an appeal from jury convictions for writing bad checks in violation of U.C.A., 1953, § 76-6-505. The subject checks (three in number) were issued and dishonored between August and November, 1980. The defendant, a landscaper in Park City, was placed on probation after having been sentenced to the indeterminate term provided by law. The jury heard the following facts in support of the verdict. From the latter months in 1978 through the early months of 1981, defendant had a checking account with First Security Bank. He was told by a bank official that the bank would not continue to honor his bad checks. Defendant was otherwise made aware of his overdrafts by his receipt of monthly statements, which were admitted in evidence over objection. The defendant admitted writing the checks, but testified he believed he had sufficient funds in his account to cover them. He claimed that at the time of the last and largest check he is charged with writing without sufficient funds, he had a third person's check in his possession, which he intended to deposit. The reason he did not deposit the check was because he learned it also would not be honored. Defendant conceded receiving the monthly statements showing the overdraft status of his bank account, and admitted that he knew he was overdrawn at the time he wrote the third check, with which he was charged in the information. His testimony with respect to that check was self-contradictory.
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