State v. Black Bear

A jury found that Taylor Black Bear had uttered a forged check in violation of section 28-60-1, R. R. S. 1943. On appeal he asserts insufficiency of evidence, error in a jury instruction, and excessiveness of sentence.

The check, exhibit 1, and another check, exhibit 2, were forged by Foster Yellow Elk. On Monday, October 5, 1970, Marguerite Crouse, a checkout cashier at the Food Center in Alliance, cashed exhibit 2. The next day a male Indian presented exhibit 1 to Cora Pauley, also a checkout cashier there. She led the man back to John J. Essay, operator of the Food Center. Essay refused to…