Legal Opinion

McClendon v. State

District Court of Appeal of Florida

Decided February 20, 1974No. 72-920Published

1Opinion of the Court

HOBSON, Acting Chief Judge.

Lee Harris McClendon was adjudged guilty of uttering a forged instrument in violation of F.S. § 831.02 F.S.A., based upon a jury verdict.

On appeal McClendon contends that the trial judge should have granted his motion for directed verdict on the ground that the evidence was insufficient to prove the offense charged.

The State’s evidence established that McClendon cashed a check drawn on Gulf Coast Cut-N-Sew, Inc., payable to David Peques, after endorsing the same as “Da,vid Peques” in the presence of the witness. There was no testimony, however, that the check was…

2Cases cited6 opinions

  1. Clark v. StateDistrict Court of Appeal of Florida · 1959
  2. Green v. StateSupreme Court of Florida · 1954
  3. Forbes v. StateDistrict Court of Appeal of Florida · 1968
  4. Rapp v. StateDistrict Court of Appeal of Florida · 1973
  5. State v. RappSupreme Court of Florida · 1973

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