State v. Lakey

OAKS, Justice:

Defendant gave a personal check to a seller of goods, with the request that he not cash it on that day so defendant would have time to make a deposit to meet it. When the deposit was not made because expected income was not received, defendant’s check was returned for insufficient funds and he was prosecuted for theft by deception. A jury, found him guilty, and he was sentenced to one to fifteen years. Concluding that there was insufficient evidence for a verdict of theft by deception, we reverse the conviction.

The facts are essentially undisputed. At defendant’s request, a…