People v. Hickens

MARTINELLI, J. pro tem.

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Defendant was charged by information with two counts of forgery. It was alleged that he made, altered, forged and counterfeited two Bank of America money orders and that he uttered, published and passed the same knowing them to be false, forged, altered and counterfeited.

Defendant admitted five prior convictions, three for forgery, one for passing fictitious checks and one for altering and passing United States obligations. The jury found defendant guilty of both counts, a motion for a new trial was denied and judgment was entered. Defendant appeals from the order denying the motion and from the judgment.

The evidence shows that on the afternoon of June 21, 1957, appellant entered the Towne Club in Oakland, California. He stated to Mr. Retales, the operator of the bar, that he worked for Mr. Epps whose business establishment was located nearby. Retales cashed a Bank of America money order for the sum of $71, dated June 19, 1957, and containing the names G. A. Epps as purchaser and C. R. Hickens as payee.- Appellant endorsed the money order and received $70.70 and a beer.

This instrument had been issued on June 19, 1957, for the amount of $1.00. The purported signature of Epps was not his nor had he authorized appellant to sign that name. A handwriting expert testified that all the writing on the money order was appellant’s.

Subsequent to June 21, Retales received several notes from appellant to the effect that appellant had reason to believe that the money order had been raised and expressing appellant’s desire to regain possession of the instrument or make it good. Prior to his arrest appellant gave Retales $30.

Appellant maintained that he had been given the money order by one Larry Antone who stated that he had no identification and requested that appellant cash it for him in return for $5.00. Upon being assured by Antone that Epps was the, purchaser of the instrument, appellant wrote in Epp’s name as purchaser and his own as payee. Antone denied that

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he ever saw the money order or that he had given it to appellant.

On August 29, 1957, Mr. Oas, the operator of the “Golden West,” a bar located in Oakland, cashed a Bank of America money order for $71.30, made payable to appellant and with Beale Construction Company as the purchaser. Appellant endorsed the money order and told Oas that it was payment for painting a truck. Both the name of the purchaser and appellant’s name as payee were written by appellant. This money order was returned as raised, having been originally issued for $1.30.