Opinion
No. 9057-PR.
March 14, 1968.
Appeal from the Superior Court, Maricopa County, Cause No. 43789, W.E. Patterson, J.
Darrell F. Smith, Atty. Gen., by James S. Tegart, Asst. Atty. Gen., and Robt. K. Corbin, County Atty., Maricopa County by Patrick Eldridge, Deputy County Atty., Phoenix for appellee.
Kaplan Wilks, by Alan J. Rubin, and Anne Kappes, Phoenix, for appellant.
S. Leonard Scheff, Tucson, Chief Counsel, Arizona Civil Liberties Union, Amicus Curiae.
In our decision in this case filed February 1, 1968, we made reference to returned checks admitted in the original trial for the purpose of showing a common scheme or plan of which the check upon which defendant was being prosecuted was merely a part.
We did not intend by this statement to hold that the checks are admissible without establishing their authenticity as instruments uttered by defendant.
Appellant's motion for rehearing is denied.
McFARLAND, C.J., and STRUCKMEYER, BERNSTEIN and LOCKWOOD, JJ., concur.