People v. Laird

CHIPMAN, C. Defendant was convicted of the crime of forgery, and was sentenced to imprisonment for one year at San Quentin. The appeal is from the judgment and from an order denying motion for new trial. The alleged forgery was of the following check:

Los Angeles, Cal., April 30, 1896.

“No. 174. California Bank. Pay to the order of L. J. Laird, Jr., $36.00 (twenty-sis 00-100 dollars).

A. B. CLABK.”

Defendant bought a bill of goods from Cline Brothers, in Los Angeles, amounting to about four dollars, and presented this check in payment, and was paid the difference in money; he [292]gave a certain number and street to which the goods were to be sent; no such number could be found, the place indicated being an unimproved part of the city, and the goods were returned to the store. At the time he presented the cheek defendant stated to one of the witnesses that “he got the cheek from a man in Pasadena; he said he had been working for Mr. Clark in Pasadena.” Another witness testified as follows: “I asked him where he got the check, and he said he got it from a party in Pasadena whom he had worked for. He said that he received it from a party in Pasadena in payment for some work.” It was shown at the trial that no person of the name of A. B. Clark had an account at the California Bank, or any money there to his credit. One Abbott B. Clark, who gave his residence as 525 West Fifth street, Los Angeles, testified that he had resided there several years, and that he had not signed the check, or authorized anyone to sign it. One A. B. Clark, who gave his residence as Hollywood, testified that he did not sign the check, or authorize it to be signed. A police officer of Los Angeles testified that he had searched the great register of the county and the city directory, and found there were two A. B. Clarks in the county—one at Hollywood, and one on Fifth street, Los Angeles—the same who testified; that he could find no others. There was no evidence as to any inquiry being made at Pasadena to find any person of the name of A. B. Clark except by the search of the great register of the county. No witnesses were called on behalf of defendant. At the close of the people’s evidence the defendant moved that the court instruct the jury to acquit, on the ground that the testimony was not sufficient to prove the offense charged; and defendant’s only contention here is that the evidence did not justify the verdict.