No. 1 CA-CR 3679.

125 Ariz. 114 (1979)

608 P.2d 51

STATE of Arizona, Appellee, v. Lyman Lamont PHELPS, aka Monty Phelps, Appellant.

Court of Appeals of Arizona, Division 1, Department B.

Supplemental Opinion January 22, 1980.

Review Denied February 5, 1980.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, Chief Counsel, Crim. Div., Gregory A. McCarthy, Asst. Attys. Gen., Phoenix, for appellee.

Thur & Preston by Calvin C. Thur, Scottsdale, for appellant.



This appeal raises several issues, the most intriguing of which is whether the instrument which the defendant attempted to pass was negotiable so as to subject the defendant to prosecution under A.R.S. § 13-316 (drawing a check or draft on insufficient funds).

On January 3, 1978, the defendant, Lyman Lamont Phelps, was charged by indictment with violation of A.R.S. § 13-316.1 The pertinent...

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