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Sanville v. State

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eBook details

  • Title: Sanville v. State
  • Author : Supreme Court of Wyoming
  • Release Date : January 19, 1979
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

The principal issues in this case involve an application of the concepts of opening the door to ordinarily inadmissible evidence and invited error. The appellant-defendant was convicted of one count of obtaining money by false pretenses in violation of § 6-3-106, W.S. 1977, and one count of delivering a fraudulent check in violation of § 6-3-110, W.S. 1977. He was sentenced to - Page 1342 a term of imprisonment of not less than two years nor more than five years on the former conviction and six-months imprisonment on the latter, the sentences to run concurrently. He appeals the judgment of the district court asserting: (1) the trial court committed reversible error in admitting, over defendants objection and on the ground that defense counsel had "opened the door," hearsay testimony that the F.B.I. had identified fingerprints on certain checks as defendants; (2) defendants constitutional right to confront the witnesses against him was violated by admission of hearsay testimony as to F.B.I. identification of his fingerprints; (3) it was error to admit, over defendants objection, evidence that other bad checks signed with defendants name had been received by the payor bank where there was no testimony identifying defendant as the person who passed the other checks; (4) the prosecution failed to meet its burden of proof as to all the elements of the offense charged in that it failed to prove that fraudulent representations were made to the person who suffered the loss; and (5) the Wyoming Fraudulent Check Statute preempts and takes the place of the Wyoming False Pretenses Statute where check offenses are charged.


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