People v. Manes

THOMPSON (IRA F.), J.

This is an appeal from a judgment pronounced upon the verdict of a jury finding the defendant guilty of forgery and from an order denying her motion for a new trial. The first reason assigned by appellant for a reversal of the judgment and order is that the evidence is insufficient to establish the offense. We shall refer to the testimony produced by the prosecution for the purpose óf supporting the verdict.

The lady to whom we shall hereafter refer as Peggy Tompkins, which was her maiden name, had been married to a man by the name of Murphy and had been divorced prior to her acquaintance with the appellant and the man with whom appellant lived and who was known as August W. Manes, but whose real name was Poolitzski or Povlitzski. These three persons lived in the same bungalow court for some time prior to August 24, 1928, and had become very friendly. Peggy Tompkins had loaned to August Manes various sums of money approximating $200. On the date mentioned, August Manes sold to Peggy Tompkins a lot in Huntington Park for the total sum of $800, representing to her, in the presence of appellant, that it was a great bargain and saying to her that she could pay him $30 down; that he would apply what he owed her and that the remainder could be paid at the rate of $15 per month. Peggy Tompkins says that she paid him the $60 (the sum of $600 appears in one instance in the record, but otherwise the sum referred to is $60), and signed one or two papers for the purchase, one of which papers said the lot was owned by a Mrs. Olive Mills. About a "week or so later Manes and appellant moved from the bungalow court. On August 29, 1928, a deed from Olive H. Mills conveyed the lot in question to August W. Manes and Beatrice Ii. Manes, as joint tenants. A deed dated August 25, 1928, signed by appellant and Manes conveyed the property to “Peggy Tompkins, wife of Harold Tompkins,” although she was in fact unmarried

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at the time. Peggy Tompkins did not see the deed prior to its recordation. On August 24, 1928, a deed of trust to the Los Angeles-First National .Trust and Savings Bank as trustee for the benefit of Olive H. Mills, and to secure the payment of the sum of $800, payable at the rate of $15 per month appears to have been executed. These two deeds and the trust deed were all filed for record on December 14, 1928. The record indicates that the trust deed here mentioned was one of those signed by Peggy Tompkins on August 24, 1928, although the pages were so turned that the witness did not understand she was signing a trust deed. She did not acknowledge her signature before a notary. On October 10, 1928, Manes and the appellant went to the office of the Pacific States Savings and Loan Company where Manes introduced the appellant as Peggy Tompkins. There they made final arrangements for a loan of $3,100 and the appellant, as Peggy Tompkins, signed a trust deed and note for that amount. She also represented that the property was her separate property and that her husband was in the navy and for that reason could not sign the papers. About $2,600 of the loan was paid out to a man named Robert B. Cook, a contractor, who built a house upon the lot. Cook was not a witness in the case, but there can be no doubt that the Pacific States Savings and Loan Company was defrauded by the execution by appellant of the note and trust deed in the name of Peggy Tompkins. The evidence is ample to justify the jury’s verdict. In fact, it is so self-evident that discussion is not necessary.