STATE v. LAKEY

No. 18250.

659 P.2d 1061 (1983)

The STATE of Utah, Plaintiff and Respondent, v. Thomas Dean LAKEY, Defendant and Appellant.

Supreme Court of Utah.

February 25, 1983.


Attorney(s) appearing for the Case

Shelden R. Carter, Provo, for defendant and appellant.

David L. Wilkinson, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.


OAKS, Justice:

Defendant gave a personal check to a seller of goods, with the request that he not cash it on that day so defendant would have time to make a deposit to meet it. When the deposit was not made because expected income was not received, defendant's check was returned for insufficient funds and he was prosecuted for theft by deception. A jury found him guilty, and he was sentenced to one to fifteen years. Concluding that there was insufficient evidence...

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