State v. Bywaters

JACK P. PRITCHARD, Special Judge.

Appellant was charged and convicted in a trial to the court of tendering a “no account” check ($20.00) “willfully, unlawfully and feloniously with intent to cheat and defraud E. H. Young, d/b/a Riverside Red X, a felony.” § 561.450, RSMo 1969, V. A.M.S. The court sentenced appellant to a term of two years’ imprisonment.

It is claimed by appellant that the court erred in overruling his motion for judgment of acquittal because the state failed to prove that E. H. Young, d/b/a Riverside Red X, was the actual party defrauded, as alleged in the information. He says…