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State v. Bettis

Supreme Court of Utah
Apr 25, 1972
496 P.2d 715 (Utah 1972)

Opinion

No. 12295.

April 25, 1972.

Appeal from the Third District Court, Salt Lake County, Joseph G. Jeppson, J.

Salt Lake Legal Defender Assn., D. Gilbert Athay, Jay D. Edmonds, Salt Lake City, for defendant and appellant.

Vernon B. Romney, Atty. Gen., David S. Young, Chief Asst. Atty. Gen., Larry V. Lunt, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.


Appeal from an insufficient funds conviction in violation of Title 76-20-11, Utah Code Annotated 1953, in a jury trial. Affirmed.

Vol. 8, 1971, Pocket Supplement, pages 62-63; Laws of Utah 1969, Ch. 239, Section 1.

Defendant says 1) there was insufficient evidence to show that he knew his account had been closed, and 2) that admission of evidence of similar instances of checks with insufficient funds was prejudicial. Neither point on appeal is well taken but is well tenuous. As to 1) above, defendant says his lack of knowledge was the result of periodic "blackouts." The evidence amply justified the veniremen in concluding that such blackouts were ethereal fiscal "redouts" at the bank. As to 2), the evidence was admissible and nonprejudicial, particularly when the other offense was a bum check drawn on another bank in the same transaction giving rise to the instant case. Dishonesty has its upside-down virtues in many circumstances, including those involving a nervous fountain pen, leading one to a similarly characterized institution.

CALLISTER, C. J., and TUCKETT, ELLETT and CROCKETT, JJ., concur.


Summaries of

State v. Bettis

Supreme Court of Utah
Apr 25, 1972
496 P.2d 715 (Utah 1972)
Case details for

State v. Bettis

Case Details

Full title:The STATE of Utah, Plaintiff and Respondent, v. Edgar Ray BETTIS…

Court:Supreme Court of Utah

Date published: Apr 25, 1972

Citations

496 P.2d 715 (Utah 1972)
27 Utah 2