People v. Hosney

WOOD, P. J.

Defendant was accused of forgery in that on October 24, 1959, in the County of Los Angeles, California, he did unlawfully forge a certain sales ticket and order for the payment of $99.98 and did pass the same with the intent to defraud William Benkle, Zeidler and Zeidler, Ltd., and Diners’ Club, Inc.

Trial by jury was waived. By stipulation the cause was submitted upon the transcript of the preliminary examination, reserving the right to offer additional evidence.

Defendant was adjudged guilty. His notice of appeal (prepared by himself) states that he appeals his case. It will be assumed that he has appealed from the judgment.

Appellant contends that the record does not show that there was jurisdiction or venue in the trial court to hear or determine the

cause;

and that the court erred in reading and

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considering testimony of witnesses in another case in adjudging the defendant guilty.

The Diners’ Club credit card herein referred to, bearing number 13LA-539, was issued to John D. Anderson, 10738 Sharon Street, Sunland, California.

The merchandise sales slip herein referred to (Exhibit 1) shows that a credit sale for $99.98, based on the credit card, was made to John D. Anderson, 10738 Sharon Street, Sun-land, California.

Jack Bottom testified as follows: On October 24, 1959, he was an employee of, and was present at, the Zeidler and Zeidler store at “1448 North Crescent Heights.” About 9 :30 a. m. on that day he saw the defendant in the store making a purchase of merchandise for which the charge, including tax, was $99.98. Mr. Byrnes, who was then the manager of the store, made the sale and made the sales slip (Exhibit 1) which reflected the transaction. It was a credit sale on the basis of a Diners’ Club credit card, which card, bearing the number 13LA-539, was issued to John D. Anderson. Defendant had that credit card. He (witness) saw the defendant write the name “John D. Anderson,” as a signature, on the bottom of the sales slip. Since the amount of the credit sale was over $50, it was necessary to obtain approval of the sale. The merchandise was not delivered to defendant but was held at the counter while the salesman, Mr. Byrnes, made a telephone call. Then the salesman told defendant that he had to wait for an authorization, and there would be a little delay while this was being checked. Defendant left the store, but did not take the merchandise or the credit card. The defendant had been in the store previously and had purchased a jump suit, which suit he was wearing on the day of this credit card transaction.