People v. McKinney

KAUFMAN, P. J.

Defendant, Billy Gene McKinney, appeals from a judgment rendered on a jury verdict finding him guilty of one count of conspiracy (Pen. Code, § 182), and three counts of forgery (Pen. Code, § 470). On this appeal from the judgment of conviction, he contends that the conspiracy conviction is erroneous as a matter of law because there was no corroboration of the testimony of his accomplice, and that, therefore, the evidence is insufficient to support the forgery convictions. There is no merit to these contentions.

Viewing the record most favorably to the judgment, as we must, the facts are as follows: On the evening of Friday, January 19, 1962, Charles Christensen broke into the offices of the A-l Roofing Company in Vacaville and stole a book of payroll checks and a check protector. The next day, two of these forged payroll checks were presented and cashed in Vallejo by John Charles Rochester and a third by the appellant. Christensen was convicted of the burglary. Barbara Hamilton and Rochester subsequently pleaded guilty to the conspiracy and forgeries. All three knew the appellant and testified that on the morning of the 19th, they discussed picking up some “paper” by gaining entry to a place where Wayne Dailey once worked.

Later that same day, appellant and Miss Hamilton met Christensen in Vallejo and drove to Rochester’s house in Napa in the appellant’s car. The burglary idea was discussed again at this time. Thereafter, all four returned to Vallejo and met at Miss Hamilton’s apartment. Christensen testified that the appellant and Dailey asked him to obtain the check

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protector and check blanks from the A-l Roofing Company. Rochester testified that he and Dailey pnt the proposition to Christensen and that the appellant was not present. Miss Hamilton and Christensen then drove to Vacaville where Christensen broke into the roofing company and committed the burglary. After the burglary, they returned to Miss Hamilton’s apartment in Vallejo where they met the appellant, Rochester and Dailey and turned the checks and check protector over to the appellant and Dailey.

Miss Hamilton testified she then forged the checks and Rochester stamped them with the protector while the appellant walked back and forth in the apartment. Subsequently, the three forged checks mentioned above were passed. It is uncontroverted that Rochester passed the check for $88.54 in TufEy’s Tavern, and one for $108.54 in the Village Bar. At the time Rochester cashed the check in the Village Bar, the appellant was with him and the two left together. Appellant admitted being in the Village Bar that evening, seeing Rochester there, and driving off with him. The third forged check in the amount of' $98.54 was passed by the appellant in the Fair Trade Market in Vallejo.