Assignment 2Client's Facts

The client found a check written out to cash inthe amount of $750. The check was completelymade out when he found it. He took it to the bank,signed it on the back as instructed by the teller, andcashed it. He was subsequently arrested and chargedwith forgery.

Rule of LawSection 30-236 of the state penal code defines forgeryas "falsely making or altering any signature to, or anypart of, any writing purporting to have any legal efficacy with intent to injure or defraud."

Section 45-3-109d of the state commercial codeprovides that when a negotiable instrument is madeout to cash it is a "bearer instrument." The sectiongoes on to provide: "A bearer instrument refers toan instrument that is payable to anyone possessingthe instrument and is negotiable by transfer alone,it is the same as cash." Note: A check is a negotiableinstrument.

Assignment: Based on the information presented inthe problem, is there sufficient evidenceto support a charge of forgery.