State v. Agee

— Defendant was convicted of uttering a forged instrument as defined in section 718.2, Code of Iowa, 1962. He appeals, urging tbe insufficiency of tbe evidence of identity beyond a reasonable doubt, error in allowing a witness to testify in violation of an order excluding witnesses, error in giving a flight instruction because not warranted, and error in the alibi instruction.

The State’s theory of the case was defendant, together with others, stole payroll checks of the Colonial Baking Company, endorsed the name of the payee-employee of a check issued to Merrill R. Albright in the sum of…