BLAIR LEE III, Acting Governor

2471

OR

(4) IN CASES OF THEFT OF A TRADE SECRET, THAT
THE DEFENDANT RIGHTFULLY KNEW THE TRADE SECRET OR THAT IT
HAS AVAILABLE TO HIM FROM A SOURCE OTHER THAN THE OWNER OF
THE TRADE SECRET.

(D) ALL COMMON LAW AND EVIDENTIARY PRESUMPTIONS

APPLICABLE ON JULY 1, 1979 TO OFFENSES WHICH ARE

CONSOLIDATED UNDER IKE PROVISIONS OF THIS SUBHEADING ARE
ALSO APPLICABLE TO THE OFFENSE OF THEFT, UNLESS SPECIFICALLY
REPEALED OR MODIFIED BY THE PROVISIONS OF THIS SUBHEADING,
OR UNLESS MODIFIED BY COURT DECISIONS RENDERED AFTER JULY 1,
1979.

344. CHARGING DOCUMENT.

(A) INDICTMENT, INFORMATION, WARRANT, OR OTHER
CHARGING DOCUMENT. IN ANY INDICTMENT, INFORMATION, WARRANT,
OR OTHER CHARGING DOCUMENT FOR THEFT IT IS SUFFICIENT TO USE
A FORMULA SUBSTANTIALLY TO THE FOLLOWING EFFECT: "THAT A-B

ON THE____DAY OF_______________________, 19__, IN THE

COUNTY (CITY) AFORESAID, DID STEAL (HERE SPECIFYING THE
PROPERTY OR SERVICES STOLEN) OF C-D, HAVING A VALUE OF (LESS
THAN $300 OR $300 OR GREATER) IN VIOLATION OF ARTICLE 27,
SECTION 342, OF THE ANNOTATED CODE OF MARYLAND; CONTRARY TO
THE FORM OF THE ACT OF ASSEMBLY IN SUCH CASE MADE AND
PROVIDED, AND AGAINST THE PEACE, GOVERNMENT AND DIGNITY OF
THE STATE."

(E) OFFENSES INVOLVING BAD CHECKS. THE OBTAINING OF
PROPERTY OR SERVICES BY A BAD CHECK AS DEFINED IN SECTIONS
140 TO 144 SHALL NOT BE PROSECUTED AS THEFT AS DEFINED IN
THIS SUBHEADING UNLESS THE DEFENDANT COMMITS DECEPTION AS
PROVIDED IN SECTION 342 IN ADDITION TO ANY FALSE
REPRESENTATION OR FALSE REPRESENTATIONS THAT THERE ARE
SUFFICIENT FUNDS IN THE DRAWEE BANK TO COVER THE CHECK. IN
ANY PROSECUTION FOR THEFT, THE PRESUMPTIONS DEFINED IN
SECTION 142 SHALL APPLY TO THE SAME EXTENT AS IF THE
PROSECUTION WHERE WERE UNDER SECTION 342.

BAD CHECKS

140. DEFINITIONS.

IN THIS SUBHEADING, THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED:

(A) "CHECK" MEANS ANY CHECK, DRAFT, OR OTHER
NEGOTIABLE INSTRUMENT OF ANY KIND WHICH IS NOT POSTDATED
WITH RESPECT TO THE TIME OF UTTERANCE.

(E) "DRAWER" OF A CHECK MEANS A PERSON WHOSE NAME
APPEARS THEREON AS THE PRIMARY OBLIGOR, WHETHER THE ACTUAL
SIGNATURE BE THAT OF HIMSELF OR OF A PERSON PURPORTEDLY
AUTHORIZED TO DRAW THE CHECK IN HIS BEHALF.