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

O'Brien (D), erased his own name from a newly conveyed property deed and inserted his wife's name. The deed, reflecting that O'Brien's wife owned the property, was recorded in the county recorder's office. Later, in an attempt to permit the deed to speak the truth, the defendant requested that the county recorder change the deed back to O'Brien's name. The record was changed with the consent of the land's previous owner and the consent of O'Brien's wife. O'Brien was convicted of altering a public record.

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