People v. Bradford

NOURSE, J.

The defendants Bradford and Ammerman were jointly tried on an information charging them with a violation of the provisions of section 470 of the Penal Code. The jury returned a verdict finding both defendants guilty as charged and the defendant Bradford alone has appealed upon a typewritten record from the judgment following the verdict and from the order denying his motion for a new trial.

The information charged that on November 27, 1925, the defendants, with the intent to prejudice, damage, and de

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fraud the Anglo & London Paris National Bank and the Owl Drug Company, feloniously, made, altered, forged, and counterfeited a certificate calling for 500 shares of the capital stock of the said Owl Drug Company. This certificate was then pleaded

in haec verba,

and the information charged that the defendants, knowing the certificate to be false and forged, wilfully, feloniously, falsely and with the intent to damage and defraud the two companies named published and passed the said certificate as true and genuine to the said Anglo & London Paris National Bank.

On October 3, 1925, the defendant Bradford visited the office of the Owl Drug Company in the city and county of San Francisco and asked to see a canceled stock certificate, stating that he was interested in the purchase of preferred stock of that corporation in the open market and desired to examine the terms and conditions under which such stock was issued. The young lady in charge of the office handed him a book of unissued certificates, which he retained in his possession for approximately fifteen minutes and then returned it to her. Sometime thereafter two of these blank certificates were found to be missing from the book. On November 12, 1925, the defendant Bradford suggested to one Bergman that they could make about $25,000 through the use of some railroad stock held by a friend of his and which defendant stated had been properly indorsed, but had not been issued by the company. The proposition made by the defendant Bradford to Bergman at that time was that, though these certificates were not legitimate, they could be sold or used as collateral for a loan from some bank or broker’s office and that if this were done the money would be divided among Bradford, Bergman, and the holder of the certificates. Bergman communicated this information to one Roberts who advised him to go ahead with the transaction with a Mr. Klinker of the Anglo & London Paris National Bank, and soon thereafter Bergman again called on defendant Bradford, who informed him that the stock he had in mind was stock of the Owl Drug Company and not of a railroad corporation as previously stated. Bergman having expressed a willingness to go through with the deal with the defendant Bradford, the latter proposed that in order to provide an easy method for the negotiation of