Draper v. State

Henderson, J., delivered the opinion of the Court. The appellant was indicted and tried on charges of forgery, uttering and false pretences. After the jury brought in a general verdict of guilty he was sentenced to ten years in the Maryland Penitentiary. The appeal challenges the sufficiency of the evidence.

The testimony shows that the appellant drove into an Esso Station in Elkton, next door to the County jail, on July 31, 1962. He had a rebuilt starter installed in his car and the proprietor, Fears, billed him for $24.74. Draper presented a check dated July 30, purportedly signed by “Edna Ratteree”, whose name was printed on the check along with her account number, made payable to Roscoe Jones in the sum of sixty-two dollars, and drawn on the Bank of Delaware, Wilmington, Delaware. Fears would not accept the check, and told the appellant he would have to leave the car there until he could pay in cash.

Draper then went down town and returned with twenty dollars in cash. He asked Fears to hold the check and promised to return the next day with the balance of $4.74. Fears then released the car. Next day, Fears saw a trooper bringing the appellant into the jail, and turned the check he was holding over to the police.

The appellant was stopped on August 1, 1962, for a registration and license check. He had temporary tags on his car. The vehicle was registered in the name of Roscoe Jones. The appellant was arrested because he had no driver’s license, and signed a summons in the name of Roscoe Jones.

Because he had no money to pay the fine, he was placed in jail. Three checks were found in his car, with the name Edna Ratteree printed on them. One was filled in for fifty-five dollars, payable to Roscoe Jones. At the trial of the instant case, Trooper Dunton testified that the appellant told him he had stolen the car and found the checks in it, although he admitted “filling out” two of ⁴²⁶ them.

However, investigation disclosed that the car had been sold to Draper, using the name of Roscoe Jones, and a purchaser’s receipt, signed by Jones, was put in evidence through the seller. Mrs. Edna Ratteree Ellis, testified that she had an account with the Bank of Delaware at the time of the occurrence in question, and that she had ordered some monogrammed checks which did not arrive. She testified that the checks offered in evidence were not signed by