STATE v. WELLARD

No. 8227.

3 Utah 2d 129 (1955)

279 P.2d 914

THE STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. LESTER DAVEY WELLARD, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

February 16, 1955.


Attorney(s) appearing for the Case

Sumner J. Hatch, Salt Lake City, for appellant.

E.R. Callister, Jr., Atty. Gen., for respondent.


WADE, Justice.

Defendant, Lester Davey Wellard, appeals from a jury verdict finding him guilty of issuing a fictitious check. He urges three grounds for reversal; 1) insufficiency of the evidence to sustain a finding that the check was fictitious, 2) erroneously instructing and refusal to instruct the jury, and 3) receiving inadmissible evidence.

Defendant passed the check in question at a gasoline station in Salt Lake City. It was for $12, drawn on the First...

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