People v. Langlois

PLUMMER, J.

The defendants were found guilty of the crime of forgery and appeal to- this court from the order denying their motion for a new trial and the judgment of

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the court pronounced upon the verdict, finding them guilty of the offense charged in the information.

Two reasons are assigned for the reversal of the judgment and order above named; first, that the testimony is insufficient to sustain the verdict; secondly, that the court refused to give certain instructions asked for by defendants. The testimony shows that the defendants' passed the checks referred to in the information. The only question was whether the signature thereto was genuine or forged; and if forged, were the defendants responsible therefor. The defendant E. H. Langlois, during the time covered by the passing of the check, was the bookkeeper for the Eng Construction Company, and in such capacity was accustomed to make out cheeks for the payment of bills against the company, which checks were always signed by the superintendent of the company named J: W. Keate. The checks passed by the defendants, and especially the one in controversy in this action, appear to have been drawn in favor of one James Wise in payment of a labor claim against the company and signed by J. W. Keate. Both defendants participated in the passage of the check just referred to. On the part of the prosecution it was contended that the signature purporting to be that of J. W. Keate was actually in the handwriting of the defendant Violet Langlois. This contention was supported by the testimony of a handwriting expert, who made an examination thereof, having before him admittedly genuine signatures of the defendant Violet Langlois. Other witnesses testified that they thought the signature the handwriting of J. W. Keate. J. W. Keate himself testified that it was not in his handwriting. If believed by the jury, there unquestionably appears sufficient testimony in the transcript to support the verdict. This being true, this court has no right to order a reversal simply because of contrary testimony. The two instructions referred to, asked by the defendants, and refused to be given by the trial court, are as follows, first:

“I instruct you that even if you should believe from the evidence in this case that the defendants may have committed some offense other than the offense of forgery, namely, the charge laid in the information, you will not be at liberty to find them or either of them guilty unless you find from