State v. Cook

OPINION

HENDLEY, Judge.

Defendant appeals his conviction of ten counts of forgery contrary to § 30-16-10, N.M.S.A.1978. His first point for reversal is dispositive — whether under the facts he could be convicted of forgery. We reverse.

Facts

Defendant was indicted by the Bernalillo County Grand Jury on ten counts of forgery contrary to § 30-16-10, supra, or in the alternative, on ten counts of issuing worthless checks contrary to § 30-36-4, N.M.S.A. 1978. At the close of all the evidence, the State elected to send only the forgery counts to the jury. Defendant objected and renewed his motion for…