People v. Etie

WOOD (Parker), J.

Defendant Etie and his three co-defendants were charged, in five counts, with forgery of fictitious name. It was also alleged in the amended information that Etie had been convicted of felonies four times previously. He admitted that he had been convicted three times as alleged. The charges against the other defendants were determined separately from the trial of Etie. Trial by jury was waived. Etie was adjudged guilty as charged in each of the five counts. His motion for a new trial was denied. Probation was granted and execution of sentence was suspended. He appeals from the judgment.

Defendant contends that the evidence was insufficient, as to each count, to support the judgment.

On February 8, 1952, defendant went to a printing shop in Los Angeles and presented to the printer a blank form of cheek which was as follows:

“Los Angeles, California_ 19_ No__

The Farmers and Merchants National Bank 16-1

1220

Pay To The

Order of _ $_

Dollars

9 9

Attached to that form, when he so presented it, was a piece of paper upon which there was penciled printing, in part, as follows: “Aircraft Sales Corp.” and “Demco Research & Manufacturing Corp.” Below each of said names, just

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quoted, there were words and figures which purported to be the addresses and telephone numbers of those alleged corporations. He ordered the printing of 100 checks, similar in form to the blank check he presented to the printer, which checks were to bear, at the top thereof, the words “Aircraft Sales Corp.” and the additional writing shown on the memorandum purporting to be the address and telephone number of that corporation. He also ordered that the name of said corporation be printed under the signature line of the checks. He also ordered the printing of another 100 checks in the same form as the 100 checks just referred to, except that said additional checks were to bear the words “Demco Research & Mfg. Corp.” and the additional writing shown on the memorandum purporting to be the address and telephone number of that corporation. He also ordered the printing of 10 cards, purporting to be identification cards which were to bear, at the top thereof, the words “Aircraft Sales Corp.”; and he ordered the printing of another 10 cards in the same form which were to bear the words “Demco Research & Mfg. Corp.” The printing on those cards was to include a blank form for use in stating the name, sex, height, date of birth, and other information for identification purposes. When he was presenting the order for the printing he showed the printer a folder regarding “Philco televisions” and he also showed him his “television setup” and “maps laying out some kind of arrangement” for television. He told the printer that he needed letterheads, envelopes, cards “and so forth.” The printer printed the checks and cards as ordered and delivered them to defendant when he called for them on the following day, February 9th. Defendant delivered the checks and cards to Jack Rouse at the Gates Hotel about noon on February 9th.