People v. Hooper

GOULD, J.,

pro tem.

Defendant appeals from an order denying his motion for a new trial after he was convicted by a jury on two counts, one for forgery, the other for a violation of section 132 of the Penal Code.

The ease has to do with a check for $50 dated April 28, 1932, drawn by defendant’s wife as payer, made payable to defendant, endorsed by him and delivered through the mail to his landlord upon his rent account. It is conceded that the check at the time of delivery to the landlord bore upon its

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back the words, “This check is for rent at 4145 Tracy Street from May 1, 1932.” When the landlord later brought suit for a claimed balance of $599.04 on the rent account the $50 check was produced at the civil action in the Los Angeles Municipal Court, and in addition to the above-quoted words it had this endorsement on the back: “All previous rent paid.”' The writing of these words constitutes the forgery charged, it being the claim of the prosecution that after the check was endorsed and cashed by the landlord, and after it was returned to Mr. and Mrs. Hooper, defendant wrote across it the words which, if true, would have wiped out the rent bill.

Appellant claims that inasmuch as the alleged forgery is of the endorsement on the back of the check the information as to count one is fatally defective because it charged forgery generally, without specifically charging forgery of the endorsement, relying in this contention upon

People

v.

Thornburgh,

4 Cal. App. 38 [87 Pac. 234]. But that ease presents an entirely different state of facts. Here the information charged in terms that we deem amply sufficient that defendant did “wilfully, unlawfully and fraudulently and feloniously make, alter and forge a certain contract and receipt for money, acquittance, release, acceptance and endorsement of a draft and order in writing”, etc., and then set out in full the check with the endorsements thereon. In our opinion the charge was sufficiently explicit and appellant was thereby fully apprised of the accusation against him.