People v. Cimini

Critical facts referred to in defendant’s brief on rehearing, apparently not considered by the trial court, warrant further consideration of defendant’s conviction for violation of MCLA § 750.131 (Stat Ann 1971 Cum Supp § 28-.326) (drawing a check without sufficient funds), reported in 25 Mich App 698.

At the time of the alleged offense, February 29, 1968, defendant was the sole stockholder and an officer of the Empire Cartage Company, a Michigan corporation, and under its by-laws, was empowered to draw checks on the bank checking account of the corporation. For six or seven years prior to…