People v. Dorsey

ASHBURN, J.

Defendant appeals from a judgment entered after a nonjury trial upon two counts of forgery (Pen. Code, § 470) committed on September 7, 1958. His counsel argue only one point, insufficiency of the evidence. Viewing the evidence most favorably to the respondent and assuming in favor of the finding of guilt the existence of every fact which the judge reasonably could have deduced from the evidence, as we must do

(People

v.

Newland,

15 Cal.2d 678, 681 [104 P.2d 778];

People

v.

Daugherty,

40 Cal.2d 876, 885 [256 P.2d 911]), it appears that the finding of guilt is amply sustained.

Shortly before September 7, 1958, Mrs. Elva L. Thigpen, who then lived at 10662 Haddon Place in Paeoima, lost her purse with all its contents which included some blank checks with her address in the upper left corner and some other identification paper or plate which had the same address on it. On the 7th defendant and a woman (not Mrs. Thigpen) were in a White Front store at 7651 Central Avenue, Los Angeles. A traveling kit and a “two-suiter” suitcase were purchased from salesman Gibbs. While defendant was looking at some other items, not over 10 feet away from the woman, she started to lift the suitcase and traveling kit when the clerk placed them on the table for her. She said in a loud voice: “Wait a minute. I’m going to call over my husband and see if he likes it.” Defendant approached and said, “I like it.” Also: “Now I have some nice luggage. I will be able to take a trip.” The woman replied, smiling: “You better not.” Thereupon she filled out one of the Thigpen blank cheeks, making it payable to White Front Stores, in the sum of $66.26, the purchase price of the luggage, dated it September 7, 1958, signed the name of Elva L. Thigpen and delivered it to the

[809]

salesman. Defendant stood beside the woman as she wrote and delivered the cheek and he carried the merchandise away.