People v. Griffin

DOOLING, J.

Appellant Griffin was charged jointly with one Homer Stephen in two counts of uttering and publishing two forged checks. The two were tried jointly and the jury returned a verdict of guilty against appellant on both counts.

The evidence showed that on May 10, 1957, one Herndon was working as a clerk in a liquor store in Oakland. At approximately 6:45 p. m. appellant entered this store and presented a payroll check in the amount of $63.10 drawn on Allenite Products Company’s bank account with Griffin as

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payee. At the trial Herndon testified that Griffin presented for identification a Social Security card and a Blue Cross card both bearing his name. (At the preliminary examination •Herndon had testified that appellant offered no identification.) Appellant endorsed the check and Herndon cashed it noting on the check appellant’s description.

At approximately 9:45 the same evening defendant Stephen entered the store and presented an Allenite check for $68.15 with Griffin as payee. The same identification was offered. Herndon passed a note to one of the people in the store to call the police and at this time Stephen left.

Shortly thereafter the police apprehended Griffin and Stephen near the liquor store. Officer Holmes saw appellant throw a wallet in the gutter and found a union card in this wallet bearing appellant’s name.

Herndon identified appellant as the person passing the first check and identified Stephen as the one who attempted to cash the second check. When appellant was identified at this time he was in a police car 4 or 5 feet from Herndon but he said nothing. He was again identified at the trial.

Leith Allen, owner of Allenite Products Company, testified that on May 2, 1957, he discovered that several of the company’s checks were missing. He identified as two of the missing checks the check cashed by appellant and a torn check found in the area where appellant was apprehended. The . checks were forgeries drawn to appellant and signed without authorization.

Inspector McChesney testified that he and Inspector Olsen visited appellant at the county hospital on May 14, 1957. At this time appellant, when asked about the forged checks, stated “I cashed two of them” and “I tried to cash the third one when the cops came and I ran.” The inspector further testified that appellant asked him to go to his room and “see my clothes are taken care of, and then call my mother and have her go down and pick them up.” In appellant’s room the inspectors found on a table in plain sight eight blank checks 'of the Allenite Company and a laundry slip bearing appellant’s name. On the back of the slip was the name Wayer or Wager, the same name that appeared as maker on the forged checks.