State v. Mullin

REYNOLDSON, Justice.

Defendant bank customer was charged with falsely uttering his own check at his own bank on an overdrawn account. Following his conviction for violating § 713.3, The Code, he appeals from judgment sentencing him to seven years imprisonment. We reverse.

The 21-year-old defendant had a seventh grade education. On July 28, 1973 he opened his first checking account in Peoples Trust and Savings Bank (of Indianola) with a $10 deposit. Thereafter he made several small deposits and wrote a number of small checks. The largest balance in defendant’s account at any time was $10. Mr. T.…