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State v. Clark

Utah Supreme Court
20 P.3d 300 (Utah 2001)


Facts

John Clark (defendant) attempted to cash a forged check that had been reported stolen a few hours prior. After a delay in the processing of the check while the teller was trying to get approval to cash it, Clark left the bank without the check. Clark was charged with forgery. The magistrate bound Clark over for trial. The district court quashed the bindover and dismissed the charge on the ground that the prosecution had not presented sufficient evidence at the preliminary hearing. Specifically, the district court, using the standard for a directed verdict, found that the prosecution had not produced evidence that Clark had the intent necessary to maintain a conviction for forgery by a reasonable jury. The state appealed.

Rule of Law

Issue

Holding and Reasoning (Durrant, J.)

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