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State Utah v. D. John Musselman

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eBook details

  • Title: State Utah v. D. John Musselman
  • Author : Court of Appeals of Utah
  • Release Date : January 21, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 61 KB

Description

STEWART, Justice: Defendant was charged with (1) forgery pursuant to U.C.A., 1953, § 76-6-501(1)(b), and (2) theft pursuant to § 76-6-404 and § 76-6-412, or alternatively, theft by deception pursuant to § 76-6-405 and § 76-6-412. At the Conclusion of the States case in chief, defendant moved to dismiss both counts. The trial court found the defendant innocent of the theft charges on the ground that the State had failed to prove the requisite criminal intent, and denied the motion to dismiss the forgery count. The defense then presented its case. At the close of all evidence, the trial court ruled that the motion to dismiss the forgery count made at the close of the States case was granted nunc pro tunc as a matter of law on the ground that an attorney does not commit a crime by signing his clients name to a settlement check.


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