State v. Gantt

SWOFFORD, Judge.

The appellant (herein called defendant) was convicted of feloniously uttering a forged check, a violation of Section 561.-011, subd. 1(3) RSMo 1969, V.A.M.S. A jury found him guilty and assessed his punishment at ten (10) years. Thereafter, the trial court reduced this punishment to four (4) years and judgment and sentence were entered accordingly. This appeal followed in due time and in proper form.

The points as asserted by the defendant and upon which he seeks reversal may be stated as follows: First, the court committed reversible error by failing to instruct the jury on…