People v. Cohen

California Court of Appeal Apr 8, 1931 No. Docket No. 2044.Published

Before: Bishop

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Holding. The court affirmed the judgments and the order denying a new trial, holding that an information under Penal Code section 470 is sufficient even if the drawer of a forged instrument is a fictitious character and that the evidence was sufficient to support the convictions.

Issues

Whether an information under Penal Code section 470 is sufficient when the drawer of the forged instrument is a fictitious character.
Whether the evidence was sufficient to support the convictions on all counts.
Whether the trial court committed reversible error regarding the admission of evidence and the conduct of counsel.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Since the amendment of 1905 to section 470, this contention is no longer tenable.”

“We conclude that the evidence is sufficient to support the judgments on all counts.”

“A party cannot on appeal rely on errors or irregularities whose consequences could have been avoided by timely protest to the trial court, when he remains silent at the trial.”

BISHOP, J.,

pro tem.

We are of the opinion that the judgments and the order denying a motion for a new trial should be affirmed. Appellant was charged in four counts

[262]

with having, forged and passed as many checks. His first contention is that an information based upon section 470 of the Penal Code is insufficient to support a conviction where it appears that the drawer of the forged instrument is a fictitious character. Since the amendment of 1905 to section 470, this contention is no longer tenable.

(People

Gayle,

(1927) 202 Cal. 159 [259 Pac. 750], citing

People

Whitaker,

(1924) 68 Cal. App. 7 [228 Pac. 376],

People

Lucas,

(1924) 67 Cal. App. 452 [227 Pac. 709], and

People

Jones,

(1909) 12 Cal. App. 129 [106 Pac. 724].) The information in

People

Lucas

was in substance that found in each of the four counts in the instant ease. (See, also,

People

Winthrop,

(1928) 88 Cal. App. 591 [264 Pac. 263],

People

People v. Cohen

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BISHOP, J.,

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