PEOPLE v. HODGINS

Docket No. 77-555.

85 Mich. App. 62 (1978)

270 N.W.2d 527

PEOPLE v. HODGINS

Michigan Court of Appeals.

Decided August 7, 1978.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, George N. Parris, Prosecuting Attorney, Don L. Milborn, Chief Appellate Lawyer, and Alice F. Sage, Assistant Prosecuting Attorney, for the people.

Lawrence A. Baumgartner, for defendant on appeal.

Before: M.J. KELLY, P.J., and T.M. BURNS and R.M. MAHER, JJ.


T.M. BURNS, J.

The central issue in this case is whether one who opens a checking account using the name, identification and address of another person is guilty of forgery under MCL 750.248; MSA 28.445, when she writes a check on that account for more than the balance. In ruling on various defense motions, the trial court ruled yes. We disagree and reverse.

I

In November of 1975, defendant rented part of a house from Mr. and Mrs. Leemhuis. After defendant...

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