State v. Phelps

SUPPLEMENTAL OPINION ON REHEARING

JACOBSON, Acting Presiding Judge.

On October 4, 1979, this court filed its opinion in the above-captioned matter, reversing the defendant-appellant’s conviction on the basis of a fatal variance between the indictment and the proof adduced.

Both parties have filed motions for rehearing. The defendant contends that we improperly determined that the instrument which was the subject matter of this prosecution for drawing a draft on insufficient funds (a violation of former A.R.S. § 13-316), was negotiable and that the introduction of prior bad acts was not…