State v. Musselman

STEWART, Justice:

Defendant was charged with (1) forgery pursuant to U.C.A., 1953, § 76-6-501(l)(b), and (2) theft pursuant to § 76-6-404 and § 76-6-412, or alternatively, theft by deception pursuant to § 76-6-405 and §76-6-412. At the conclusion of the State’s case in chief, defendant moved to dismiss both counts. The trial court found the defendant innocent of the theft charges on the ground that the State had failed to prove the requisite criminal intent, and denied the motion to dismiss the forgery count. The defense then presented its case. At the close of all evidence, the trial court…