People v. Brown

MOORE, P. J.

Appellant was convicted of six counts of forgery of endorsement of checks. (Pen. Code, § 470.) She demands a reversal of the judgment on the grounds of (1) insufficiency of evidence to the effect that she had no authority to endorse the payee’s name; (2) insufficiency of proof of intent to defraud; (3) prejudicial error in sustaining “objections by People to questions on cross-examination of Mary Hile,” the payee of the checks. She also appeals from the order denying motion for new trial. The judgment ordered appellant to be imprisoned in the county jail, the sentences to run concurrently for one year.

Ellen Brown, a widow, was employed by Mary Hile and her husband, Harvey, in 1951 for compensation on a daily basis. Soon thereafter, the Hiles employed her to reside in their home and take care of them for the rest of their lives in return for a remainderman’s interest in their home. They delivered her an agreement on the bases proposed and Harvey executed a will bequeathing a life estate to his wife, and at her death his share to go to appellant. To that plan Mary agreed. The accused performed her promises through the last illness of the husband prior to October 2, 1951, and continued to serve the widow. In December, 1952, Mary deeded the home to appellant, reserving a life estate. In April, 1954, Mrs. Hile visited a friend at Lake Elsinore. Thence, she was taken by her grandniece, Hazel Hahn, to visit the latter’s mother at San Bernardino.

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In July, 1954, a complaint was filed by the district attorney accusing appellant with three forgeries and a grand theft involving some of the checks in evidence in the instant action, and the deed of Mrs. Hile to appellant in December, 1952. At the hearing of the matter, the municipal court dismissed the complaint for the reason that Mrs. Hile could not deny that the endorsements on the cheeks were her own, but “it looks like my writing.” On September 7, 1954, the indictment of appellant on seven counts of forgery was filed in the superior court.

1.

Mrs. Hile as a witness before the grand jury testified in September that she never, at any time, authorized anyone to sign her name on the backs of the checks involved in this action. At the trial of the cause in the superior court, Mrs. Hile testified that she never gave appellant permission or authority to sign any documents of any nature whatsoever. Notwithstanding such testimony, appellant regales us with the extended cross-examination of Mrs. Hile whereby it is shown that she had a very poor memory of events of the preceding two years; could not recall the case against Ellen Brown in the municipal court, or that Mrs. Brown had been charged with theft of the witness’ home, or that she had been in court in July, 1954; that she had no recollection of having appeared before the Los Angeles County grand jury. In respect to numerous other matters, Mrs. Hile had no memory, and by reason thereof, appellant would have this court weigh Mrs. Hile’s testimony and determine that because she was 83 years of age and had a poor memory concerning recent events, the finding of appellant’s guilt should be set aside.