People v. Driggs

Criminal Law—Forgery of Lease—Uttering and Publishing—Record—Support of Verdict.—A verdict of guilty of the crime of forgery of a lease and the subsequent uttering and publishing thereof as true is supported, in the absence of evidence for the defense, by the evidence for the people that the lease was not signed by the lessor, that the signature thereto was in defendant’s handwriting, that the acknowledgment thereof was fraudulently procured by defendant, and that it was subsequently uttered and published by the filing of the forged lease for record in the recorder’s office, at defendant’s request and on payment of the requisite fees therefor.

Id.—Sufficiency of Information—Single Offense.—An information charging the forgery of a lease of a specified date set forth in the information, and the uttering and publishing thereof as true, on a subsequent date, sets forth but one single offense under section 470 of the Penal Code.

Id.—Question of Law not Raised upon Sufficiency of Evidence.— Inasmuch as the evidence appearing in the record tends to support every material' allegation of the information, no question of law in connection therewith is presented.

Id.—Exemplars of Handwriting by Experts—Order of Proof.—The fact that certain exemplars of the handwriting of the defendant submitted to experts had not theretofore been established as genuine signatures is of no consequence, where their genuineness was subsequently established by uneontradieted testimony. When the court was satisfied that the exemplars were genuine, it was proper to submit the same to the witness or to the jury for comparison.

Id.—Province of Jury as to Comparisons and Opinions of Experts. When the exemplars were in evidence, a comparison thereof may be made by the jury with or without the aid of experts. The weight and effect of the opinions of experts, or the result of comparisons, was a matter for the jury.

Id.—Admission of Photographs of Signatures and Papers—Discretion of Court.—The admission in evidence of photographs of signatures and papers was within the discretion of the court, when no abuse of its discretion appears.

Id.—Comparisons Showing Guilt.—It is held that, after an examination of the exhibits on file in the appellate court, no reasonable doubt can exist as to who wrote the signature upon the lease.

Id.—Evidence of Witnesses Familiar With Signature of Lessor—Improper Cross-examination as Experts.—Where witnesses were admitted, not as experts, but as familiar with the handwriting of the lessor to testify that the signature was not that of the lessor, a cross-examination of such witnesses as to their qualification as experts was properly disallowed.

Ib.—Communication by Defendant to Notary not Privileged.—The communication by the defendant to the notary stating that the signature to the lease was the genuine signature of the lessor was not privileged, and was properly admitted in evidence.

Id.—False Statements by Notary — Explanation — Credibility for Jury.—The notary was properly permitted to explain previous false statements made by him, and to give his reason for making them. His credibility was for the jury to determine.