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Archer v. State

One conviction for forgery reversed, since no evidence showed that the defendant uttered or delivered the check at issue to the gas station, which cashed it, as alleged in the indictment.

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William Douglas Archer was indicted for two counts of forgery in the first degree and one count of identity fraud, arising out of the theft of three checks from his employer. He was tried before a jury, which found him guilty of all three offenses. The trial judge sentenced Archer to serve 10 years in confinement, followed by 10 years on probation. Archer appeals. Viewed in the light most favorable to the verdict,1 the evidence presented at trial shows that Archer rented a house from Jim White and also worked for White’s remodeling company, North Georgia Construction. On Friday, August 20, 2004, White and Archer stopped at a Home Depot store in the city of Hiram. White went into the store and Archer stayed alone in the vehicle, where the North Georgia company checkbook was lying on a seat.

About three weeks later, on September 13, 2004, White and his wife were balancing the company checking account when they discovered that a page containing three checks was missing from the checkbook. White immediately called Washington Mutual Bank, where he had the company account, to stop payment on the missing checks. White testified that he subsequently received a telephone call from a man at a Citgo gas station demanding payment for one of the stopped checks. He also reported the missing checks to the Douglas County Sheriff’s Department.

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