This section contains the nature of the case and procedural background.

Kanan (D) wrote three checks in February 1972 for a total of $75 to a liquor store. D's checking account had been closed for insufficient funds in January. The December and January bank statements were mailed to D, but they were never delivered and were returned to the bank. There was conflicting evidence that D knew the account was overdrawn. At trial, the jury was instructed that a check carries with it a representation that the drawer knows the status of his account and that there are sufficient funds to pay an obligation. D was convicted and appealed.

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