Legal Opinion · Dissent

State v. Prettyman

Utah Supreme Court

Decided March 15, 1948No. 7055Published

1DissentPratt, Justice

What is the proper application of these words, found in the second paragraph of Section 108-18-11, U. C. A. 1948 (quoted in the prevailing opinion) :

“The making, drawing, uttering or delivering of such cheek, draft or order as aforesaid shall be prima facie evidence of intent to- defraud.”? (Italics added.)

A conviction of this offense of “Issuing Check Against Insufficient Funds” requires proof of four elements: (1) Making, drawing, uttering or delivering the instrument in question; (2) insufficient (or no) funds with which to pay it; (8) knowledge of such insufficiency of or lack of funds;…

2Cases cited11 opinions

  1. State v. GreenUtah Supreme Court · 1931
  2. Morrison v. PerryUtah Supreme Court · 1943
  3. Christiansen v. HilberMichigan Supreme Court · 1937
  4. Minutilla v. Providence Ice Cream Co.Supreme Court of Rhode Island · 1929
  5. In Re Newell's Estate &8212 Newell v. BradleyUtah Supreme Court · 1931

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