PEOPLE v. KANAN 186 Colo. 255, 526 P.2d 1339 (1974). CASE BRIEF

PEOPLE V. KANAN

186 Colo. 255, 526 P.2d 1339 (1974)

NATURE OF THE CASE: This was an appeal from a conviction for writing bad checks.

FACTS: Kanan (D) wrote three checks in February 1972 for a total of $75 to a liquor store. D's checking account had been closed for insufficient funds in January. The December and January bank statements were mailed to D but they were never delivered and were returned to the bank. There was conflicting evidence that D knew the account was overdrawn. At trial, the jury was instructed that a check carries with it a representation that the drawer knows the status of his account and that there are sufficient funds to pay an obligation. D was convicted and appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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