People v. Pounds

HERNDON, J.

After conviction in the court below of knowingly uttering and passing a check for $100 bearing the forged signature of the payee (Pen. Code, §470), appellant appeals from the judgment and the order denying his motion for a new trial contending (1) that the evidence was insufficient; and (2) that the information was fatally defective.

There being no semblance of merit in this appeal, our summary of the evidence will be condensed. The maker of the check testified that he drew the instrument to the order of Dorothy Comby and mailed it to her. He did not authorize anyone other than the payee to endorse it. Dorothy Comby testified that she did not receive the check; nor did she authorize appellant, or anyone else, to sign her name thereon. One Herbert Brown testified that on February 7, 1958, he met appellant at the Central Café in Pasadena. Appellant asked Brown to loan him some money. When Brown replied that he had none, appellant asked Brown if he knew where he could cash a check. Brown answered in the affirmative, whereupon appellant said that if Brown would take him home, he would get a check cashed and get some money. Brown got his friend Shamburger to drive appellant to his home. En route, appellant offered to buy some drinks and some gas. Appellant entered his house, and shortly returned with the check which he handed to Brown. Brown noted that it was “a company check.” Appellant stated that “it was his girl friend’s check” and asked Brown to cash it since he didn’t have any identification. Thereupon they proceeded to a liquor store where they sought to cash the check. The clerk in the liquor store declined to cash the check until it was endorsed by Brown and by one Davy, an acquaintance of Brown’s, who happened to be in the store at the time. Brown testified that he would not have signed his name to the check had he known

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the endorsement of Dorothy Comby was not genuine. When the cheek was cashed, the clerk placed the money on the counter and Brown handed it to appellant.

Appellant testified in his own behalf. His version of the transaction was very different from that described by the other

witnesses;

it incriminated Brown and portrayed appellant as an innocent bystander.