Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
State v. Brown, 217 N.C. App. 380 (Dec. 6, 2011)
(1) The evidence was insufficient to support a charge of uttering a forged check. For forgery, the “false writing must purport to be the writing of a party other than the one who makes it and it must indicate an attempted deception of similarity.” Here, the State presented no evidence that the check was not in fact a check from the issuer. (2) For the same reason the court held that the evidence was insufficient to support a conviction for obtaining property by false pretenses.