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· · · · · · · · believe this fact in applying for a warrant. The severe undercapitalization of Scorpio Enterprises COmbined with the flood of worthless checks within a limited time period and in a limited geographic area entitled defendant Armstrong to charge plaintiff with a felony offense under G.S. 14-100. FINDINGS OF FACT 1. Plaintiff Ronald McGill is a resident of Charlotte, North Carolina. 2. Defendant Grady L. Armstrong is a resident of North Carolina ~nd/employed as a lieutenant with the Kannapolis Police Department.· 3. Defendant Kannapolis Police Department was at all times relevant to this matter a branch of the Cabarrus County Sheriff's Department. 4. scorpio Enterprises & Investments opened a checking account with Northwestern Bank of Salisbury on November 1, 1982 with a balance of $50.00. See (Defendant's Exhibit ~ 13). At the end of the month, the account had a balance of $60.45. 5. On December 2, 1982, Donald Abernathy transferred the business enterprise, trade name, and bank account of Scorpio Enterprises to James Edward Vance. (I~d). 6. On December 3, 1982, the account had a balance of $5.45. See (Defendant's Exhibit ~ 14). 7. On December 3, 1982, plaintiff received two checks drawn on the account of Scorpio Enterprises totalling $350.00. See (Defendant's Exhibit Nos. 1-2). Plaintiff thereafter took both checks to Kannapolis, North Carolina and tried to use them to pay for goods and to obtain cash. sea (Defendant's Exhibits Nos. 3-4). 8. In presenting the checks, plaintiff represented that Scorpio Enterprises was a legitimate business. 9. From December 16 through December 28, 1982, the Kannapolis Police Department and defendant Armstrong received the 4