People v. Rodway

[785]

WORKS, J.

Defendant was charged in two counts with the crimes of forgery. The first count related to a check signed “J. A. MeCaleb,” payable to S. De Giric and indorsed “S. De Giric.” The second count concerned a check signed “J. A. MeCaleb,” payable to H. Foley and indorsed “II. Foley.” Defendant was found guilty on both counts. He appeals from the judgment of conviction and from an order of the trial court denying his motion for a new trial.

It is contended that aside from certain extrajudicial statements made by appellant the evidence was insufficient to prove the

corpus delicti

under either count. Excluding the extrajudicial admissions of appellant there was evidence under each count which tended to prove that an individual named J. A. MeCaleb had known appellant for more than a year prior to the dates upon which the crimes charged against him were alleged to have been committed; that at one time appellant had resided “next door” to MeCaleb; that the latter did not make the signature appended to either of the checks involved in the charges; and that he had authorized no one to make either of them. This evidence was sufficient to prove the

corpus delicti

under each count

(People

v.

Flores,

34 Cal. App. 393 [167 Pac. 413] ;

People

v.

Lundin,

120 Cal. 308 [52 Pac. 807] ;

People

v.

McGlade,

139 Cal. 66 [72 Pac. 600].)

For the purpose of showing guilty knowledge the trial court admitted in evidence a check signed “A. Gloege” and made payable to Mrs. M. Moyer. It is insisted that in this respect the trial court erred for the reason that, aside from the extrajudicial admissions of appellant, there was no sufficient evidence that the check was a forgery. But the admissions of appellant are not properly to be laid aside in determining whether the check was admissible. The