People v. Lapique

McFARLAND, J.

The defendant was charged with and convicted of the crime of forgery. He appeals from the judgment and from an order denying his motion for a new trial.

After a careful consideration of the case, we are of the opinion that the conviction should not be allowed to stand.

[504]

The appellant was charged with forging the name of the prosecuting witness, Philip Maysounave, to a certain promissory note, dated November 15, 1898, purporting to have been made by said Maysounave and payable to the order of Louise Lagarde. Maysounave testified that he did not sign the note or authorize any one to sign it; but, although he was intimately acquainted with appellant, he did not say that the signature to the note was made by appellant or resembled his handwriting. The only evidence tending to connect appellant with the signature was the testimony of an expert in handwriting; and he did not undertake to say that the signature was written by appellant. He testified that, in his opinion, the signature to the note was not in the same handwriting as the admittedly genuine signature of Maysounave to a certain instrument in writing introduced in evidence, marked “Exhibit 2”; and he based his opinion upon his belief that the signature to the note was a tracing of the signature on Exhibit 2, or that the; writer of the signature had the exhibit before him and endeavored to closely copy it. It appeared, however, from oral and documentary evidence which we can hardly see any valid excuse for disregarding, that the note had been made, and copied by witnesses, long before Exhibit 2 was in existence, and therefore could not have been traced from the latter. There was also some testimony to the point that the prosecuting witness had admitted that he had signed the note, but that he had received no consideration from the woman who was payee therein, and that therefore he should not be called upon to pay it. The only testimony of this expert witness which tended to connect appellant with the alleged forgery was, that the genuine handwriting of appellant and the disputed signature to the note showed some “similar characteristics. ’ ’ There was conflicting evidence on this point, and one witness in particular testified that he was well acquainted with appellant’s handwriting, and had great experience in examining signatures, and that the signature to the note was not that of appellant nor in his handwriting. There was other evidence introduced by appellant greatly conflicting with that of the prosecution which need not be here stated in detail.