State v. Clark

DURRANT, Justice:

T1 In two separate prosecutions, Cory H. Smith and John L. Clark were charged with forgery. Smith was also charged with attempted theft by deception. In each case, the charges were based on allegations that the defendant had requested a bank to cash a recently stolen check and, when the bank did not readily comply, left the check and exited the bank. In each case, the defendant was initially bound over by a magistrate, but the bindover was subsequently quashed by the district court, on the ground that the State had failed to meet its evidentiary burden at the preliminary…