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STATE v. BROOKSHIRE

No. 1844.

104 Ariz. 349 (1969)

452 P.2d 703

The STATE of Arizona, Appellee, v. Earl BROOKSHIRE, Appellant.

Supreme Court of Arizona. In Division.

April 2, 1969.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Carl Waag, Asst. Atty. Gen., Darrell F. Smith, Former Atty. Gen., for appellee.

Minne & Sorenson, by Harold E. Whitney, Phoenix, for appellant.

McFARLAND, Justice.

Earl Brookshire, hereinafter referred to as defendant, was convicted of the crime of drawing a check on insufficient funds (with prior conviction), and sentenced to serve not less than eight nor more than ten years in the Arizona State Prison. From the conviction and sentence he appeals.

Defendant was charged with the crime of drawing a check

"* * * with intent to defraud, delivered to Leroy James a check in the amount of $150...

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