People v. Graff

DRAPEAU, J.

Defendant was convicted by a jury of three counts of issuing fictitious cheeks. He admitted one prior felony conviction and imprisonment.

The circumstances attending cashing the cheeks were similar. Defendant entered a store and purchased an article—shoes in one place, a woman’s slip and a boy’s sport shirt in the others.

He tendered checks in payment, each check being for more than the purchase price of the article purchased. Thus he got the money and the merchandise.

The maker of the checks was unknown and had. no account in the bank upon which they were drawn. The payee of the cheeks was not the defendant, but a man named Kenneth Gilbert. Gilbert’s forged endorsement was already on the checks when presented. Defendant exhibited Gilbert’s automobile driver’s license, and represented that he was Gilbert. Gilbert had theretofore left his driver’s license in the glove compartment of an automobile which was stolen.

The clerks who sold the articles, and the store managers who okayed the checks positively identified defendant as the man who cashed them.

Members of defendant’s family testified to an alibi with reference to the dates when two of the checks were cashed. Defendant took the stand and categorically denied passing any of the checks. As stated, none of the writing on the checks was defendant’s, his conviction being based on the crime of uttering. (Pen. Code, § 476.)

First, the attorney general argues that the appeal must be dismissed, because defendant’s notice of appeal was not filed with the clerk of the superior court within 10 days after rendition of the judgment, as required by rule 31 of Rules on Appeal.

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Judgment was rendered March 8, 1950; notice of appeal was filed March 20, 1950; it was dated March 16, 1950.

Defendant has represented himself on appeal without counsel. He prepared his notice of appeal himself, while confined in the county jail. In his brief he states that the notice of appeal was prepared and signed on March 16, 1950. He does not say that he mailed or caused the notice of appeal to be mailed, or gave it to anyone for that purpose.