People v. Cimini

On December 8,1969, defendant was tried before a judge without a jury and found guilty of violating MCLA § 750.131 (Stat Ann 1970 Cum Supp § 28.326).** He appeals his conviction and poses one question for review: Was a crime committed ?

This criminal statute has three elements: (1) an intent to defraud; (2) the drawing of a check for the payment of money upon a bank; and (3) knowledge by the drawer of the check that the bank account had insufficient funds or credit for the payment of such check.

The trial judge found, from the uncontradicted testimony that defendant had personal notice and…