People v. Stanley

ASHBURN, J.

Defendant Dean T. Stanley was convicted after jury trial of two charges of forgery committed on March 4 and 5, 1961, respectively. He admitted three prior felony convictions—robbery in 1932, robbery in 1949 and burglary in 1956. The sentences on the two counts were ordered to run concurrently. Defendant appeals from the judgment.

Four claims of error advanced by him are not supported by the record, namely, (1) that he was denied the right to call witnesses in his own behalf, (2) “that false facts were entered into court,” (3) that evidence was suppressed which would have cleared him of the charges, (4) that his “transcript was also confiscated” and he had not “been able or allowed to go over the minutes of it.” Item (2) is foreclosed by the presence of a square and substantial conflict in the evidence. The record is completely silent as to the other items, hence they cannot be considered on this appeal.

(People

v.

Justice,

167 Cal.App.2d 616, 622 [334 P.2d 1031];

People

v.

Roberts,

182 Cal.App.2d 431, 438 [6 Cal.Rptr. 161]; 3 Cal.Jur.2d § 260, p. 781.)

The substance of the charges against appellant is that he forged the name of his brother, Cyrus E. Stanley, to two cheeks for $50 each and cashed the same. He now contends that the money represented by the cheeks was loaned to him by the brother for the purpose of enabling him to establish a hobby shop. He himself did so testify but the brother’s testimony is to the contrary and appellant’s contention is defeated by the presence of substantial direct and circumstantial evidence opposed to his own story.

Appellant’s final contention revolves around his effort to show that his brother was an excessive drinker of wine and was intoxicated on the occasion when he (appellant claims) made and delivered the checks to appellant. The brother testified on cross-examination that he did not drink wine or other

[797]