People v. Landry

Opinion

DUNN, J.

An information charged defendant with forgery, a felony, in violation of Penal Code section 470. After a jury waiver, he was tried by

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the court on the basis of the evidence introduced at his preliminary hearing, and was found guilty. He was sentenced to six months in the county jail and appeals.

The prosecution’s evidence established that, on December 18, 1969, defendant handed a $50 check to Mary Seib, a cashier in the Ralphs Market located at 4360 Figueroa Street, Los Angeles, and asked her to cash it. The check, No. 121, was signed with the name of John A. Webb and was payable to Ralphs Market. Defendant also handed Webb’s bank deposit book to Mrs. Seib. Mrs. Seib was acquainted with Webb and with his signature and, recognizing that the signature on the check was not Webb’s, she alerted the manager.

As presented to her, the amount of fifty dollars was written out on the: check, but the spaces for the numerical amount and for the date had not been filled in. Accordingly, Mary Seib wrote those in, herself.

John Webb testified that he was visiting in the home of a friend on December 17th. Defendant also was there. Webb had his checkbook with him at the time, but next morning was unable to find it. Check No. 121 had been in the checkbook. Webb had not signed it nor had he given the book to appellant nor authorized him or anyone else to sign or use any one of the checks.

Appellant produced no evidence nor did he testify himself.

Appellant clearly committed a forgery for, although there was no evidence that he signed Webb’s name, he did attempt to pass or utter (“make use of”:

People

v.

Jones

(1962) 210 Cal.App.2d 805, 807 [27 Cal. Rptr. 35]) the check knowing it to be false and with the necessary intent. (Pen. Code, § 470;

People