Gonzales v. People, 19905
| Decision Date | 19 March 1962 |
| Docket Number | No. 19905,19905 |
| Citation | 369 P.2d 786,149 Colo. 548 |
| Parties | Jose A. GONZALES, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error. |
| Court | Colorado Supreme Court |
Richard L. Ott, Denver, for plaintiff in error.
Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., J. F. Brauer, Asst. Atty. Gen., for defendant in error.
We will refer to the plaintiff in error as the defendant and to the People as such.
The defendant was convicted of passing a bogus check and sentenced to the State Penitentiary. The pertinent portions of the Information upon which he was charged and convicted are as follows:
'JOSE A. GONZALES, with intent to cheat and defraud another, namely, RED OWL STORES, INC., doing business as BUSLEY'S SUPERMARKET CO., and some other person or persons to the District Attorney unknown, did feloniously and wilfully make, pass, utter and publish a fictitious check purporting to be the bank check, draft and order for the payment of money of one, R. D. BOWLING, of the tenor, purpose and effect following: * * * when in truth and in fact, there was no such person in existence as R. D. BOWLING authorized to sign checks for Mountain View Distributing Co. as he, the said defendant, JOSE A. GONZALES, then and there well knew; and said JOSE A. GONZALES then and there knew that said bank check, draft and order for the payment of money was fictitious; contrary to the form of the statute in such case made and provided, and against the peace and dignity of the People of the State of Colorado.' (Emphasis supplied.)
Defendant contends in this Court that he was entitled to a directed verdict of acquittal for the reason that the People failed to show the non-existence of the Mountain View Distributing Co. or the non-existence of R. D. Bowling. The evidence was that both existed, but that the company did not have an account at the bank on which the check was drawn.
There is no merit to defendant's contention. As was said in Dunn v. People, 4 Colo. 126:
The People established by clear and convincing evidence that R. D. Bowling had no authority to sign checks for Mountain View Distributing Co. It is true that Bowling did exist and at the time of forging the check was a...
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