MacKENZIE, P.J.
On December 4, 1979, defendant was convicted at a bench trial of uttering and publishing a forged instrument, MCL 750.249; MSA 28.446. He was sentenced to a term of 4 to 14 years imprisonment and appeals as of right.
Defendant is correct in his assertion that the trial court erred in applying the "scintilla" or "any evidence" test to defendant's motion for a
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