People v. Long

[589]

Opinion

FRIEDMAN, J.

A jury found defendant guilty of passing a $45 forged check. He appeals from the judgment. He assigns error in the admission in evidence of three forged checks other than that on which the accusation was based.

The $45 check was presented to and cashed by Victor Kauck, a store owner, in August 1968. The maker was fictitious, or at least had no account at the drawee bank. Jerry Willoughby was payee. At the trial Kauck identified defendant as the person who had, in his presence, indorsed the check with Willoughby’s name and had followed the indorsement with a fictitious address and telephone number.

When the check was returned unpaid, Kauck first went to Willoughby, then to the police. In August or September 1968 the police showed Kauck some photographs but no identification resulted. In April 1969 he was shown some additional photographs. Although defendant’s picture was included in this second group, he was unable to identify the check passer. Later, when Kauck was shown a single photograph of defendant, he identified Mm as the check passer.

Willoughby’s sister is married to defendant’s brother. Willoughby testified that the indorsement on the check was not his. A handwriting expert testified. He was unable to state that the indorsement was written by defendant, but did detect possible similarities.

Defendant took the stand for the sole purpose of denying that he signed the indorsement. On cross-examination the prosecutor was permitted (over objection) to question him regarding three other checks payable to Jerry Willoughby. The three checks bore the purported signature of Lonnie Long, defendant’s brother. One check for $123 was datéd February 4, 196S»; one for $123 and another for $146 were dated February 13, 1969. In his cross-examination, defendant first denied that he had seen these checks, then admitted that he was present in late February or early March 1969 when Steve Newman wrote them. The three checks were then admitted in evidence. The prosecutor asked the court to take judicial notice of a juvenile court file in which Newman had admitted forging the three checks. He also requested the court to take judicial notice of a justice court file in which the district attorney had dismissed a count charging defendant with forging one of the $123 checks. The court declared in the jury’s presence that it took judicial notice of these matters.