Legal Opinion
State v. Phelps
Court of Appeals of Arizona
Decided January 22, 1980No. 1 CA-CR 3679PublishedCited by 7 opinions
1Opinion of the Court
OPINION
JACOBSON, Judge.
This appeal raises several issues, the most intriguing of which is whether the instrument which the defendant attempted to pass was negotiable so as to subject the defendant to prosecution under A.R.S. § 13-316 (drawing a check or draft on insufficient funds).
On January 3, 1978, the defendant, Lyman Lamont Phelps, was charged by indictment with violation of A.R.S. § 13-316.1 The pertinent portions of that indictment alleged:
“[0]n or about the 20th day of May, 1976, [the defendant] did then and there make, draw, utter, or deliver to James Greary (Geary) a check or draft,…
2Cases cited6 opinions
- Burrows v. StateArizona Supreme Court · 1931
- State v. ThomasArizona Supreme Court · 1973
- State v. SinghCourt of Appeals of Arizona · 1966
- Merson v. Sun InsuranceCivil Court of the City of New York · 1964
- State v. StoutCourt of Appeals of Arizona · 1968
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Triffin v. DillaboughSupreme Court of Pennsylvania · 1998
- State v. FreeneyArizona Supreme Court · 2009
- State v. BarberCourt of Appeals of Arizona · 1982
- Morrison v. Shanwick International Corp.Court of Appeals of Arizona · 1990
- State v. DelgadoCourt of Appeals of Arizona · 1993
2 more not listed; retrieve them via the Exa API.