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United States v. James Alex Bollin
Citations: 729 F.2d 1083; 15 Fed. R. Serv. 509Docket: 83-5589
Court: Court of Appeals for the Sixth Circuit; March 21, 1984; Federal Appellate Court
James Alex Bollin was convicted by a jury on two counts of forgery and uttering under 18 U.S.C. §§ 2 and 495. The case concerned a check that Bollin cashed at Birdwell Grocery, where he used part of the proceeds to settle debts with Birdwell and another individual. Bollin contended that the check's payee, an 83-year-old man named Brown, endorsed the check after receiving cash from him. However, the government presented evidence from six witnesses indicating that Brown, who could not write his name, always signed his checks with an "X" and was considered incompetent at the time of the transaction. Additionally, witnesses testified that Brown had expressed concerns about his checks being stolen. The District Judge ruled Brown to be an unavailable witness, a decision upheld by the Court of Appeals. The appellate court found no prejudicial errors during the trial and confirmed that the denial of a continuance request on the trial day was appropriate. Consequently, the convictions were affirmed by the United States Court of Appeals for the Sixth Circuit.