State of Tennessee v. Christopher Shane Poole - Concurring

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE

Assigned on Briefs April 22, 2008

STATE OF TENNESSEE v. CHRISTOPHER SHANE POOLE

Appeal from the Circuit Court for Dickson County No. CR8729 Robert E. Burch, Judge

No. M2007-01041-CCA-R3-CD - Filed May 29, 2008

JAMES CURWOOD WITT , JR., J., concurring.

I fully concur in the excellent majority opinion. I would simply add that Tennessee commercial law supports the majority’s conclusion that the payor bank held a valid claim against the defendant. Generally, “an unauthorized signature is ineffective except as the signature of the unauthorized signer in favor of a person who in good faith pays the instrument or takes it for value.” T.C.A § 47-3-403(a) (2001).

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JAMES CURWOOD WITT, JR., JUDGE