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STATE v. JOHNSON

No. 42,701

189 Kan. 571 (1962)

370 P.2d 107

STATE OF KANSAS, Appellee, v. MATTHEW JOHNSON, Appellant.

Supreme Court of Kansas.

Opinion filed April 7, 1962.

Attorney(s) appearing for the Case

Charles S. Scott, of Topeka, argued the cause, and Elisha Scott, John J. Scott and Samuel C. Jackson, of Topeka, were with him on the briefs for the appellant.

Robert M. Brown, county attorney, argued the cause, and William Ferguson, attorney general, and Sherman A. Parks, assistant county attorney, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

Defendant (appellant) Matthew Johnson appeals from the conviction of forgery in the second degree as defined by G.S. 1949, 21-608. Upon notice and proof of a prior conviction of a felony he was sentenced under the habitual criminal act (G.S. 1949, 21-107a) to confinement in the Kansas State Penitentiary.

The forged instrument was a check drawn on the First...

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