People v. Allan

CASHIN, J.

Defendant was charged by an information with the violation of section 476 of the Penal Code. He appeals from the judgment entered on the verdict of guilty and from an order denying a new trial.

The information alleged that on July 21, 1925, the defendant made a fictitious check for the payment of money, purporting to be signed by Robert Dean when in fact there was no such person; that knowing the check to be fictitious and with intent to defraud Livingston Brothers, Inc., a corporation, he uttered and passed the check to the corporation as true and genuine.

The check alleged to be fictitious is set out in the information in the words and figures following:

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“100 American Bankers Association 100 Travelers Cheque No. A1846905 Bankers Trust Company New York City Robert Dean July 21, 1925 19—

Pay to the order of Livingston Bros. Inc. $100.00 or its equivalent as below.

Countersignature Robert Dean by R. H. Giles,

Treasurer By A. R. Titus,

Cashier.

Farmers and Merchants Bank op Comptin, Lynwood Branch, Comp-tin, Cal.”

At the trial the prosecution offered in support of the charge a travelers’ check of which the following is a copy:

“100 American Bankers Association 100 Travelers’ cheque.

Bankers Trust Company,

New York City No. A 1846905

When countersigned below with this signature at any time within two years from date, to wit:

Robt. Dean July 21, 1925

Pay to the order of Livingston Bros. $100.00, or its equivalent as below.

Farmers and Merchants Bank op Compton, Lynwood Branch, Compton, Cal.

By A. R. Titus,