Variety

Defendant appeals from his conviction by the District Court, Fergus County, after a non-jury trial before Judge LeRoy L. McKinnon. Defendant was charged with one count of felony theft and one count of felony forgery. The trial court found defendant guilty of both crimes and sentenced him to five years in the state penitentiary, with four years suspended. On appeal, defendant contends that the state failed to prove the elements of felony theft for forgery, that the evidence was insufficient to sustain the judgment of conviction, and that he was tried by the District Court without properly having waived his right to trial by jury.