State v. White

The opinion of the court was delivered by

O’Connor, J.:

The defendant, Milas White, was convicted by a jury of attempting to pass and utter a forged instrument (K. S. A. 21-621). Following conviction, denial of a motion for new trial, and imposition of sentence under the habitual criminal act, defendant perfected his appeal.

White was originally charged and tried on two counts: forgery of a check, and attempting to pass and utter the same instrument. On September 25, 1968, a jury returned a verdict of acquittal on the forgery count, but was unable to reach a verdict on the second count. A…