People v. Marques

I respectfully dissent from that portion of the majority opinion which holds that the value of a restrictively endorsed check is to be determined by its face amount for purposes of the Colorado Theft Statute, 1967 Perm. Supp., C.R.S. 1963, 40-5-2.

The theft statute requires that something of value must be taken. 1967 Perm. Supp., C.R.S. 1963, 40-5-2. The restrictively endorsed checks which were stolen in this case represented indebtednesses to Empire Welding Supply Company arising from sales transactions. Until the checks were presented for collection, the indebtedness was still outstanding,…