People v. McDonald

PLUMMER, J.

The appellant was convicted of the crime of forgery upon an information based upon section 470 of the Penal Code, and appeals from the judgment of conviction. The charge against the appellant in the information is in the following words and figures:

“The said defendant R. McDonald, is accused by the District Attorney of the County of Humboldt by this information of the crime of FORGERY committed as follows: The said defendant R. McDonald, on the 18th day of March, A. D. nineteen hundred and thirty-six, at and in the county of Humboldt and State of California, did then and there unlawfully, feloniously, knowingly, falsely and fraudulently, and with intent to prejudice, damage and defraud Ronald Russell, make, alter, forge and counterfeit a certain instrument in writing, in the words and figures following, to-wit:

Eureka, Cal. Mar. 18, 1936. No.

Commercial

THE BANK OF AMERICA 12 RED BLUFF

Pay to the order of Ronald Russell $5 no/100

Five Dollars and no/100—Dollars

HOLMES

&

WING, Inc.

R. Y. WING

Endorsed: Ronald Russell.

and he, the said R. McDonald, then and there well knowing the same to be false, altered, forged and counterfeited, did then and there, to-wit: on the 18th day of March, 1936, at and in said County of Humboldt, wilfully and unlawfully, feloniously and fraudulently, and with intent to prejudice, damage and defraud said Ronald Russell, utter, publish and pass the same as genuine and true to the said Ronald Russell, contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the People of the State of California.”

[689]