Grable v. State
| Decision Date | 13 August 1982 |
| Docket Number | No. 5499,5499 |
| Citation | 649 P.2d 663 |
| Parties | William Allen GRABLE, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). |
| Court | Wyoming Supreme Court |
Chris J. Nelson of Berger, Sinclair & Nelson, P. C., and Larry R. Cole of Stephens & Cole, Billings, Mont., for appellant.
Steven F. Freudenthal, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Crim. Div., and Allen C. Johnson, Sr. Asst. Atty. Gen., for appellee.
Before ROSE, C. J., and RAPER, THOMAS, ROONEY and BROWN, JJ.
Arising out of convictions of two counts of forgery and one count of a conspiracy to commit forgery, this appeal presents issues concerning the constitutional right of the appellant to a speedy trial; the admissibility and use of the prior testimony under oath of a key witness who was not available at trial for reasons of health; the sufficiency of the evidence to support convictions of forgery; and the failure to instruct on a defense theory and amendment of the indictment by the instructions given by the court. Following his conviction by a jury on the three counts and the denial of combined motions for judgment of acquittal and for arrest of judgment and for a new trial, the appellant was sentenced to the State Penitentiary for a term of not less than four years nor more than five years on each of the three convictions with the proviso that the sentences should be served concurrently. We shall affirm the convictions and the judgment and sentence of the district court.
The charges upon which appellant was convicted are set forth in the Indictment as follows:
The statutory provisions cited in the Indictment read as follows:
"Every person who shall falsely make, alter, forge or counterfeit any record or other authentic matter of a public nature, or any charter, letters-patent, deed, lease, indenture, writing obligatory, will, testament, codicil, annuity, bond, covenant, United States treasury note or United States bond, bank bill or note, post note, check or draft, bill of exchange, contract, promissory note, due bill for the payment of money or property, receipt for property or money, power of attorney, any auditor's warrant for the payment of money at the treasury, county order or any accountable receipt, or any order or warrant or request for the payment of money or the delivery of goods or chattels of any kind, or the delivery of any instrument of writing or acquittance, release or receipt for money or goods, or any acquittance, release or discharge for any debt, account, action, suit, demand, or other thing real or personal, or any transfer or assurance of money, moneys, stock, goods, chattels or other property whatever, or any letter of attorney or power to receive money, or to receive or transfer stock or annuities, or to let, lease, dispose of, alien or convey any goods or chattels, lands or tenements or other estate real or personal; or any acceptance or indorsement of any bill of exchange, promissory note, draft or order, or assignment of any bond, writing obligatory, or promissory note for money, or other property, or shall counterfeit or forge the seal or hand writing of another, with intent to damage or defraud any person or persons, body politic or corporate, whether the said person or persons, body politic or corporate reside in or belong to this state or not; or shall utter, publish, pass or attempt to pass as true and genuine, or cause to be uttered, published, passed, or attempted to be passed, as true and genuine, any of the above named false, altered, forged or counterfeited matters as above specified and described, (knowing the same to be false, altered, forged or counterfeited,) with intent to prejudice, damage or defraud any person or persons, body politic or corporate, whether the said person or persons, body politic or corporate, reside in this state or not, shall be deemed guilty of forgery, and upon conviction thereof shall be punished by confinement in the pentitentiary for a term not more than fourteen years." Section 6-17, W.S.1957. 1
Section 6-16.1, W.S.1957 (Cum.Supp.1975). 2
In attacking his convictions under these statutes, the appellant articulates the issues as follows:
In its brief as appellee, the State sets forth the issues as it perceives them to be in the following way:
We shall treat with these...
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