People v. Hodgins

The central issue in this case is whether one who opens a checking account using the name, identification and address of another person is guilty of forgery under MCL 750.248; MSA 28.445, when she writes a check on that account for more than the balance. In ruling on various defense motions, the trial court ruled yes. We disagree and reverse.

I

In November of 1975, defendant rented part of a house from Mr. and Mrs. Leemhuis. After defendant moved, Mrs. Stephany Ann Leemhuis discovered that her driver’s license, social security card and car registration were missing from her wallet. It is…