State v. Leaton

Defendant was indicted, tried and convicted for the crime of Presenting a Forged Check in violation of ORS 165.115. At the conclusion of the state’s case he moved for a judgment of acquittal. Its denial constitutes the sole assignment of error. In the Notice of Appeal defendant states he “intends to rely upon the point that evidence of the publication of a check bearing a forged endorsement on the back is insufficient to sustain a conviction under an indictment alleging merely the publication of an instrument which is genuine on its face.”

Pursuant to ORS 138.185 and ORS 19.088, the parties…