Colorado Supreme Court
526 P.2d 1339 (1974)
During a one-week period in February 1972, John E. Kanan (defendant) wrote three separate checks totaling $75 to the ABC Liquor Store. However, the checks were returned noting insufficient funds in Kanan’s account that had been closed the previous month. Kanan was charged with passing short checks, a felony in Colorado. At trial, the evidence showed that bank statements had consistently been mailed to Kanan’s home address in October, November, December of 1971 and January of 1972, each showing an overdrawn balance. However, the December and January statements had been returned to the bank undelivered. Additionally, the bank mailed the notice of account closure to the same home address. The jury found Kanan guilty and he appealed, arguing that the court erred in instructing the jury.
Rule of Law
Holding and Reasoning (Erickson, J.)
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