People v. Ferris

McKee, J.: Defendant was convicted of the crime of forgery. It is contended that the judgment of conviction is erroneous, and that the Court below erred in denying a motion which was made in arrest of judgment, and also for a new trial, because the indictment upon which the defendant was tried and convicted docs not state facts sufficient to constitute a public offense.

The indictment contains two counts: one charging that the defendant falsely and feloniously made a bill of exchange for the sum of $325, and falsely and feloniously indorsed on it the name of one James B. Lankersheim, with intent to defraud the said James B. Lankersheim out of said sum of money; and the other, with falsely and feloniously uttering and passing said forged bill of exchange, with intent to defraud the Farmers3 and Merchants’ Bank, a corporation duly incorporated and existing under the laws of the State of California.

To the indictment, the defendant filed a general demurrer, which was overruled.

Upon the trial, the second count of the indictment was withdrawn ; the defendant was found guilty under the first count, which, it is contended, was wholly insufficient to sustain the verdict.

The points upon which defendant relies were presented on the demurrer, on the motion in arrest of judgment, and on the motion for a new trial. They are these : That there is a variance in the indictment, and that James B. Lankersheim could not have been injured or defrauded by the alleged forgery.

There is no variance in the statement in the indictment, of the acts which constitute the offense; but the indictment alleges, by way of designation of the offense, that the defendant falsely and feloniously made a bill of exchange for the payment of money, with intent to defraud one James Lankersheim. This is followed by the statement of the acts which constitute the offense; from which it appears that the defendant, on the 15th day of December, 1879, made a bill of exchange in the following words and figures, to wit:

[444]“ Los Angeles, December 13th, 1879.

“-$325. At sight, pay to the order of the Farmers’ and Merchants’ Bank of Los Angeles $325 gold coin, value received, and charge the same to account óf L. H. Feeeis.

“ To Charles Brannard, Hartford, Connecticut. Ho.-State Bank.”