State v. Short

Defendant appeals his conviction for negotiating a bad check. ORS 165.065. The issue is whether the trial court erred in giving the state’s requested jury instruction regarding an inference of knowledge that the check would be dishonored.

ORS 165.065 provides, in part:

“(1) A person commits the crime of negotiating a bad check if the person makes, draws or utters a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee.

“(2) For purposes of this section, unless the check or order is postdated, it is prima facie evidence of knowledge that the…