State v. Gates

OPINION

CORNISH, Judge:

The State appeals on a Reserved Question of Law, pursuant to 22 O.S.1971, § 1053. Appellee, Ronald Dale Gates, also known as Ronald Dale Fultz, hereinafter referred to as defendant, was charged with the offense of Uttering a Forged Instrument, in violation of 21 O.S.1971, § 1592, in the District Court, Payne County, Case No. CRF-77-54. Following the State’s opening statement, defendant’s motion for a directed verdict, or demurrer, was sustained and the case was dismissed. From said order the State has perfected its appeal to this Court.

Briefly stated, the facts as…