People v. Chapman

KAUFMAN, P. J.

The defendant, Charles Chapman, was found guilty by a jury on two counts of violation of Penal Code, section 470 for forgery of two checks on October 27,

[60]

1955,

as charged in the information. He appeals from the judgment, contending that the evidence is insufficient to support the verdict; that certain evidence used against him was obtained as the result of an unlawful search and seizure; that the bringing of witnesses to his apartment for purposes of identification violated his privilege against self-incrimination; that the prosecution falsified evidence; that the conduct of the district attorney and of the court were prejudicial and resulted in an unfair trial. The defendant rejected the services of the public defender and conducted his own defense at the trial, however, we have carefully scrutinized the record and find no merit in any of these contentions.

The facts as disclosed by the record are: At about 11 a. m. on October 27,1955, at the Market and New Montgomery Street Branch of the Bank of America in San Francisco, a man who identified himself as Robert Weldon cashed a check in the amount of $180.12, drawn by Manpower, Inc., on the First National Bank of Milwaukee, signed by A. R. Crowder and made payable to Robert Weldon. In the presence of the teller, Miss Davies, who appeared as a witness and identified the defendant as the Robert Weldon for whom she had cashed a check, the defendant endorsed the check “Robert Weldon, 2400 Pacific” and produced as identification, a temporary driver’s license issued in Hollywood to Robert Weldon. Miss Davies testified that the signature on the temporary license and the signature endorsed on the check were identical. Two other witnesses, Mrs. Ollerton and Mr. Reinberg, both tellers at the Anglo-California Bank at 1 Sansome Street, identified the defendant as Robert Weldon for whom they had cashed similar checks on October 25, 1955, on the strength of the temporary driver’s license. All the checks were payroll checks of Manpower, Inc. and were typewritten. At about 1 p. m. on October 27, 1955, the defendant appeared at Mrs. Ollerton’s window and attempted to cash a similar Manpower, Inc. check, Number 3988 in the amount of $175.11. Mrs. Ollerton asked the defendant to have an officer of the bank to okay the check. The defendant then went in the direction of the bank officer and then to Mr. Reinberg’s window. Mr. Reinberg cashed this check after the defendant had identified himself as Robert Weldon with the temporary driver’s license, and had endorsed the check, “Robert Weldon.” Mr. Reinberg testified that at this time the defendant was wearing a light green silk sport shirt with distinctive cuff links. A short while later Mr. Reinberg conversed with