STATE v. CANFIELD

No. 12326.

486 P.2d 1034 (1971)

26 Utah 2d 149

STATE of Utah, Plaintiff and Respondent, v. Ralph Frank CANFIELD, Defendant and Appellant.

Supreme Court of Utah.

July 9, 1971.


Attorney(s) appearing for the Case

Myrna Mae Nebeker, Salt Lake City, for defendant-appellant.

Vernon B. Romney, Atty. Gen., Robert B. Hansen, Deputy Atty. Gen., Lauren N. Beasley, Asst. Atty. Gen., Salt Lake City, for plaintiff-respondent.


ELLETT, Justice.

The defendant was found guilty by a jury of the crime of uttering a forged check whereon he was the named payee. He appeals from the conviction and sentence, assigning a number of errors which can be grouped into two general categories, viz.:

A. He is an alcoholic and was too drunk at the time of passing the check to form an intent to defraud.

B. The judge committed prejudicial error in explaining the penalty for the crime of forgery...

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