State v. MacMullen

Defendant was convicted upon separate trials of two offenses of obtaining property under false pretenses and was sentenced to three years’ imprisonment on each conviction, the sentences to run concurrently. The cases were consolidated for purposes of appeal. The single issue presented will be more readily understandable following a statement of the relevant facts.

On December 29, 1969, defendant opened a low-cost personal checking account with a Portland branch of the First National Bank of Oregon, with a deposit of $50. Thereafter he wrote a check in the amount of $47 which the bank honored.…