Levy v. State

²⁰⁴ Henderson, J., delivered the opinion of the Court. The appellant was indicted in five counts charging forgery, uttering, passing a bogus check with intent to defraud, false pretenses, and conspiracy. He was acquitted on the first count and convicted on the second, third, fourth and fifth counts and sentenced to two years under each of the second, third and fourth counts, to run concurrently, and three years on the fifth count, to run consecutively. On this appeal he challenges the sufficiency of the evidence to support the convictions on any of the counts.

It was shown that Ray’s North Grill was broken into during the night of January 4, 1960, and that among other items missing were twenty checks, serially numbered 1610 through 1629. Six of these checks were recovered by the police, being numbers 1623 through 1628. All contained the printed name of Ray’s North Grill and were signed by Raymond Gerber. The restaurant owner, Mrs. Foreman, testified that she knew no one by that name and that she was the only person authorized to sign checks.

William Rotkovitz, a pharmacist, testified that on January 8, 1960, Levy and another man, whom he knew by sight and as a resident of the neighborhood, but not by name, came into his drugstore. He cashed a check for $39.15 for the other man, who indorsed it in the name of Nathan Turner, said he was Nathan Turner, and gave an address on Pratt Street, to which he said he had recently moved. Levy offered to identify Turner and to indorse the check, but the proprietor said: “No, I know this fellow. I am going to cash it.” The check was drawn on the Union Trust Company to the order of Nathan Turner, was numbered 1628, and bore the name of Ray’s North Grill, signed by Raymond Gerber.

The check was returned to Rotkovitz by the bank, marked “no authority to sign.” William Anthony Green testified that he received five checks from Levy numbered 1623 through 1627 and bearing the name of Ray’s North Grill. It was agreed that he would cash the checks and split the proceeds with Levy and a third' person, whose identity he did not know. Levy supplied him with a ²⁰⁵ wallet containing identification cards in the name of Nathan Turner to be used in the cashing operation. Green signed the name of Raymond Gerber and the name of Nathan Turner as payee to all the checks.

He cashed two of the checks indorsing the name of Turner, and turned over part of the proceeds to Levy. He attempted to cash a third, but the storekeeper became suspicious and notified the police. Two checks were found in his possession when he was arrested. When asked about check number 1628, he testified he “didn’t remember having it.” There was no testimony that he was present when check number 1628 was cashed by Rotkovitz.

The counts under which Levy was convicted involved only the cashing of the check number 1628 by Rotkovitz. The conspiracy count alleged that Levy conspired with Green to obtain money thereon from Rotkovitz. Green was granted immunity on this count. He had previously been convicted of larceny and forgery in connection with the property and checks taken from Ray’s North Grill.

Levy took the stand and denied that he had ever been in the Rotkovitz drugstore and denied conspiring with Green or turning over any checks to him. It was brought out that Levy had a long criminal record and knew Green when they were in prison together. We think the evidence is legally sufficient to support the conviction of conspiracy. The trial court stated in its opinion and analysis of the