People v. Smith

VALLÉE, J.

Defendant was convicted by a jury of having forged and uttered a check for $500, and sentenced to state prison. He appeals from the judgment and sentence.

' On August 13, 1957, defendant presented to Marilyn Kowalski, a teller at Lynwood Branch of Bank of America, a deposit slip and a check. The deposit slip was made to the account of “Georgia P. Smith” for “500 less 300.” On the face of the. deposit slip there appeared the signature “Reynold P. Smith” and under it, stamped thereon, “Signature of Depositor.” The check, drawn on First State Bank of Lynwood, was for $500, was signed “George P. Waxman,” was payable to order of “Reynold P. Smith,” and was endorsed “Reynold P. Smith.” The teller accepted the check and deposit slip and gave defendant $300.

The Lynwood Branch of Bank of America had no account in the name “Georgia P. Smith.” The First State Bank of Lynwood had no account in the name of “George P. Wax-man” and had made no provision for extending credit to .“George P. Waxman.” An exemplar of defendant’s handwriting was received in evidence. An expert testified the handwriting on the face of the check and the endorsement were written by the same person who wrote the exemplar;

[512]

and the handwriting on the deposit slip was identical with that on the exemplar.

Defendant testified and denied any knowledge of the check and deposit slip, and denied having presented them to Miss Kowalski.

First, defendant asserts the evidence is insufficient to sustain the verdict. The point is without merit. A conviction of forgery is sustained by evidence that in exchange for money defendant gave a check that he drew in another’s name on a nonexistent bank account.

(People

v.

Lamb,

133 Cal.App.2d 179, 180-183 [283 P.2d 727].) The signing of a fictitious name where the instrument has been uttered is sufficient to imply an intent to defraud.

(People

v.

Weitz,