People v. Winthrop

TYLER, P. J.

Appellant was prosecuted and convicted upon four counts contained in an information charging a felony. The first alleged a violation of section 476 of the Penal Code relating to the making, passing, or uttering of fictitious checks; the second, third and fourth charge a of section 470 of the same code relating to forgery. The charging parts of the information read, in substance, as follows: First count: That J. B. Winthrop violated 476 of the Penal Code in that he did, at the county of Alameda, state of California, knowingly and fraudulently, make, pass, utter, and publish a fictitious check, with intent to defraud the Central National Bank of Oakland, a the First National Bank of Minnesota, a and the B. F. Nelson Mfg. Co., a corporation, and each of them. The check was set out

in Mee verla,

and reads as follows:

[593]

“No. 16652 S. 795.

“Minneapolis, Minn., July 27, 1926, 192—.

“The B. F. Nelson M’fg. Co.

“Pay to the order of J. B. Winthrop $750.00 Dollars

“The B. P. Nelson M’fg. Co.

“By Robt. E. Little,

“Vice President & Treasurer.

“To First National Bank

“Minneapolis, Minn. 17-2.”

The nonexistence of the individual Robert E. Little was then alleged and that defendant knew this fact and also knew that at the time the check was passed that it was fictitious. Second count: That J. B. Winthrop violated section 470 of the Penal Code in that he did, at the county of Alameda, state of California, wilfully, unlawfully, and with intent to defraud Central National Bank of Oakland, a corporation, First National Bank, Minneapolis, Minnesota, a corporation, and the B. F. Nelson Mfg. Co., a corporation, and each of them, sign the name of Robt. E. Little to the check in count one set forth (the check again follows

in Tiaec