State v. Clark
Utah Supreme Court
20 P.3d 300 (Utah 2001)
Relevant factsFree
John Clark (defendant) tried to cash a forged check that had been reported stolen only hours earlier. When the bank teller was delayed seeking approval to cash it, Clark left without the check. The State (plaintiff) charged Clark with forgery, and a magistrate found probable cause and bound him over for trial. The district court later quashed the bindover, applying the higher directed-verdict standard and concluding the State had not shown Clark had the intent required for forgery. The State appealed.
IssueFree
Whether the prosecution must produce sufficient evidence to support a reasonable belief that a crime was committed and that the defendant committed it in order to prevail at a preliminary hearing.