STATE v. POSEY

No. 2765

77 Wyo. 258 (1957)

314 P.2d 833

THE STATE OF WYOMING Plaintiff and Respondent vs. JAMES H. POSEY Defendant and Appellant.

Supreme Court of Wyoming

August 27, 1957


Attorney(s) appearing for the Case

For the defendant and appellant, the cause was submitted upon the brief of Lathrop & Lathrop and James A. Tilker of Cheyenne, Wyoming, and Whitley & Liamos, of Newcastle, Wyoming; oral argument by Mr. James A. Tilker and Mr. Carleton A. Lathrop.

For the plaintiff and respondent, the cause was submitted upon the brief of George F. Guy, Attorney General, Howard B. Black, Deputy Attorney General, Arthur F. Fisher, Ellen Crowley, Bruce P. Badley, Assistant Attorneys General, all of Cheyenne, Wyoming, and Chester S. Jones, County Attorney of Weston County, and Richard S. Dumbrill, Deputy County Attorney of Weston County, Wyoming; oral argument by Mr. Bruce P. Badley and Mr. Richard S. Dumbrill.

Heard before Blume, C.J., and Harnsberger and Parker, J.J.


OPINION

Mr. Justice HARNSBERGER delivered the opinion of the court.

Defendant Posey, charged with and convicted of feloniously uttering a check for $1,000, with intent to defraud the payee, knowing at the time he did not have sufficient funds or credit with the drawee bank, appeals. He relies upon a number of alleged errors, but we think it sufficient to consider only a matter of excluded evidence and his claim that the court erroneously and prejudicially...

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