People v. Whitaker

THOMPSON (IRA F.), J.

Appellant and one Leo J. Kiemel were charged by information containing three counts with the crime of forgery, appellant being charged additionally with a prior conviction of the crime of forgery. He admitted the previous conviction but pleaded not guilty and not guilty by reason of insanity on all three counts, which

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latter plea was subsequently withdrawn. The jury found him guilty on all three counts, pursuant to which judgment was pronounced; thereafter he made a motion for a new trial, which was denied, and he now appeals from the judgment and the order denying the motion for a new trial.

All three counts charged the issuance of forged checks drawn on the Security First National Bank of Los Angeles, Seventh and Witmer branch. The first check was drawn December 2, 1931, to the order of Lewis B. Fisher and indorsed with the name Lewis B. Fisher. The other two checks were drawn the fifth day of December, 1931, to the order of C. 0. Skaggs and indorsed with the name C. 0. Skaggs. The evidence showed that all three checks were presented by Kiemel, who cashed the first one at a meat market and the other two at grocery-stores. Appellant was apprehended on or about January 7, 1932, and on the evening of that day at a police station in Los Angeles, and at the request of Police Officer Magness, he (appellant) made an exemplar of his handwriting, which writing was later introduced into evidence at his trial.

Appellant’s contentions are as follows: (1) Insufficiency of the evidence to sustain the verdict; (2) error in the admission of certain evidence, and (3) error in the refusal to give certain instructions requested by defendant.

Before setting forth portions of the evidence tending to show the sufficiency thereof to sustain the verdict, it should be noted that appellant’s reasons for contending there was error in the refusal to give certain of his proffered instructions is based upon the same grounds he advances for his contention that there was insufficient evidence to sustain the verdict, and for that reason they will be treated together. The point he makes is this: That before there can be a conviction of the crime of forgery, there must be the

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