STATE v. KOESTER

No. 38911.

209 N.W.2d 172 (1973)

190 Neb. 485

STATE of Nebraska, Appellee, v. Walter KOESTER, Appellant.

Supreme Court of Nebraska.

July 6, 1973.


Attorney(s) appearing for the Case

T. Clement Gaughan, Public Defender, Richard L. Goos, Chief Deputy Public Defender, Lincoln, for appellant.

Clarence A. H. Meyer, Atty. Gen., Harold S. Salter, Deputy Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON and CLINTON, JJ.


WHITE, Chief Justice.

The defendant was convicted and sentenced under section 28-1213, R.S.Supp., 1972, for the offense of uttering an insufficient fund check. The defendant appeals asserting, in substance, that the trial court committed error in not submitting to the jury the issue of whether there had been justifiable reliance by the bank upon the misrepresentation of the defendant in the making and the issuing of the check for the insufficiency of funds to pay...

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