Nature of the Case
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Facts
D was arrested after he presented a false identification card to a convenience store clerk and attempted to cash a forged payroll check in the amount of $454.75. D's wife testified for the prosecution and stated that D had intended to use the money from the check to buy food for the couple's children. The trial court determined that it was subject to the marital privilege law. The court struck the testimony from the record and ordered the jury to disregard it. The court refused Ds request for a choice of evils instruction (necessity), and it also refused to let him present any evidence that his concern for his children's welfare compelled his crimes. D argued that he could not be guilty of the crimes charged because he lacked the requisite intent. D was convicted and appealed.
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