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Criminal Practice – Uttering a Forged Instrument – Forgery – Insufficient Evidence

State v. Brown (Lawyers Weekly No. 11-07-1235, 7 pp.) (Donna S. Stroud, J.) Appealed from Cabarrus County Superior Court. (W. Erwin Spainhour, J.) N.C. App. Click here for the full-text opinion.

Holding: Even though defendant acknowledged that someone else gave him the HP Invent payroll check and that he didn’t work for HP, and even though the bank teller said the check was “strange,” this was not sufficient to show that the check was forged, i.e., that the check was not actually from HP.

We vacate defendant’s convictions of uttering a forged instrument, attempting to obtain property by false pretenses, and obtaining the status of habitual felon.


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