State v. Collins

For the following reasons, I dissent. Defendant was convicted by a jury of the crime of forgery, Sec. 76-6-501, U.C.A. 1953, as enacted 1973.

The gravamen of the matter at hand concerns the burden of proof. Here, the signature on a negotiable instrument purports to be that of a real person, and not that of a fictitious person. The specific issue is: With subdivision (l)(b) of 76-6-501 in mind, must the state prove, beyond a reasonable doubt, the person,- whose name appears on the instrument, did not authorize it to be appended there.

We should reverse. All statutory references are to U.C.A.…