Client's Facts: The client found a check written out to cash in the amount of $750. The check was completely made out when he found it. He took it to the bank, signed it on the back as instructed by the teller, and cashed it. He was subsequently arrested and charged with forgery.
Rule of Law: Section 30-236 of the state penal code defines one year "falsely making or altering any signature to, or any part of, any writing purporting to have any legal efficacy with intent to injure or defraud."
Section 45-3- 109d of the state commercial code provides that when a negotiable instrument is made out to cash it is a "bearer instrument." The section goes on to provide: "A bearer instrument refers to an instrument that is payable to anyone possessing the instrument and is negotiable by transfer alone, it is the same as cash." Note: A check is a negotiable instrument.
Assignment: Based on the information presented in the problem, prepare a complete and detailed analysis of the question of whether there is sufficient evidence to support a charge of forgery.

  • CreatedSeptember 03, 2015
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