Commonwealth v. McClary

Opinion by

Montgomery, J.,

Appellant was tried before Honorable Clinton Budd Palmer without a jury and found guilty of “Fraudulently Making a Written Instrument, Uttering and Publishing the Same.” The instrument was a check on the Girard Trust Corn Exchange Bank of Philadelphia, purporting to be that of A. P. Allwein as maker, and made payable to appellant who endorsed it and presented it to the bank for payment. Allwein testified he had an account at the bank but had never signed this check, nor had any acquaintance with appellant. Appellant’s defense was that he had won the check the night…