People v. Okomoto

CONREY, P. J.

The defendant having been convicted of the crime of forgery, appeals from the judgment and from an order denying his motion for a new trial.

After the verdict the defendant moved in arrest of judgment on the ground “that the facts stated in the action on file herein do not constitute a public offense.” The information, which accuses the defendant of the crime of forgery, charges that he “did willfully, unlawfully, fraudulently, and feloniously, with intent then and there to cheat and defraud” certain persons, make and forge the name- of T. Yoshimoto to and upon a certain instrument in writing for the payment of money, which said instrument, being a check for $37.50, is set forth in full. It is in favor of G. S. Okomoto, with the signature T. Yoshimoto, and is alleged to bear on the back thereof “G. S. Okomoto.” It is further charged that the

[570]

defendant “then and there well knowing that the name of said T. Yoshimoto was so falsely made and forged to and upon the said instrument in writing for the payment of money, as aforesaid, did then and there willfully, unlawfully, fraudulently and feloniously utter, publish, and pass the name of the said T. Yoshimoto so falsely made and forged to and upon the said instrument in writing for the payment of money, with the name of said T. Yoshimoto so falsely made and forged to and upon the said instrument in writing, as aforesaid, as true and genuine, with intent then and there to defraud, prejudice, and damage” the said persons.

As to the first count, it is objected that the information is improperly pleaded because it does not state in terms that the name was forged “knowingly”; and does not state that it was done by the defendant knowing that he had no authority so to do. As to the second count, the objection is that the defendant is not charged with passing the written instrument, but only that he did “pass the name of said T. Yoshimoto.” While the information is not a model of pleading with respect to the points suggested, we think that it is legally sufficient. The charge that the defendant, for the wrongful purposes stated, willfully made and forged the name upon the instrument described, necessarily carries with it the meaning that he knew that he had no authority so to do. It has been held that where a defendant is charged with the commission of perjury, the use of the word “willfully” means that he made the statement with the consciousness that it was false, or with the consciousness that he did not know that it was true and with the intent that it should be received as a statement of what was true in fact.