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Criminal Law keyed to Dripps
People v. Kanan
Facts
During a one-week period in February 1972, John E. Kanan (Defendant) wrote three separate checks totaling $75 to the ABC Liquor Store. However, the checks were returned noting insufficient funds in Defendant’s account that had been closed the previous month. Defendant was charged with passing short checks, a felony in Colorado. At trial, the evidence showed that bank statements had consistently been mailed to Defendant’s home address in October, November, December of 1971, and January of 1972, each showing an overdrawn balance. However, the December and January statements had been returned to the bank undelivered. Additionally, the bank mailed the notice of account closure to the same home address. The jury found Defendant guilty and he appealed, arguing that the court erred in instructing the jury.
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