People v. Meller

Defendant was convicted by a jury of issuing a short check contrary to C.R.S. 1963, 40-14-20. On appeal he argues five grounds for reversal of his conviction of which we consider *391but one. We agree that the trial court should have instructed the jury on defendant’s theory of the case. The failure to give such an instruction under the circumstances of this case is plain error and requires reversal of the judgment of the trial court.

The facts presented at trial are as follows: Defendant rented a house in Arapahoe County in August, 1971. The rent was payable in monthly installments of $350, due…