People v. Walker

GRAY, C.

The defendant was convicted of forgery, and appeals from the judgment and from an order denying him a new trial.

The information charges that defendant “feloniously and falsely did utter and pass to one J. P. Shubert a certain false, forged, and counterfeit check, as the true and genuine check of one Hugh Mooney for the payment of $24.50, which aforesaid false, forged, and counterfeit check is in words and figures following, to wit:—

“Red Bluff, Cal., October 4th, 1902. Bank of Tehama County, pay to Charles Gorman, or bearer, $24.50 (twenty-four and 50-100 dollars.)

‘Hugh Mooney.

“ with intent,” etc.

1. Appellant’s first contention is, that the verdict is contrary to evidence, for the reason that it does not appear from the evidence that defendant passed the check as the genuine check of Hugh Mooney. This position is predicated upon the fact appearing from the evidence that when defendant was passing the cheek Shubert expressed doubt as to the signature, and the defendant stated that he had been working for Mr. Mooney, and that Mr. Hugh Mooney was not at home when he (defendant) wanted to come to town, and that his son- drew the check. Of course, this explanation was understood by Shubert as the defendant intended it should be, that the check

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was the genuine cheek of Hugh Mooney, drawn by the son, and to which the son, as agent of the father in his absence, had signed the father’s name. This, coupled with the fact that the check as presented by the defendant bore the name of “Hugh Mooney” appended to it, was in effect a representation that it was the genuine check of Hugh Mooney. The tender of a check purporting to be signed by a certain person is in itself a representation that the check is genuine. It will not be inferred that a person intends to present a forged check in the absence of evidence to that effect. The claim that the verdict is not supported by the evidence is without merit.

2. The questions asked of witnesses as to what the defendant said about the cheek, and the reply of the witnesses that defendant “said he had been working for Mr. Mooney,” were perfectly competent and proper. This answer of the defendant was intended to explain how he came to have the check, and was therefore a part of what he said about the check, and the witnesses’ answers were directly responsive to the questions asked of them.