People v. Morris

WOOD, Acting P. J. Defendant was charged with nine counts of forgery. At a trial by the court without a jury he was acquitted of the charges contained in counts I and II of the information and was convicted upon counts III to IX, inclusive. He appeals from the judgment and from the order denying his motion for a new trial.

Defendant admits that he forged the names of the payees named in the various checks but contends that the prosecution failed to prove that he had done so with the intent to defraud.

Defendant, a builder by occupation, was in need of funds to finance his business, being embarrassed by certain judgments which were of record against him. He engaged the services of Percy C. Bokofsky, an attorney at law, who agreed to furnish the sum of $448, a percentage of the purchase price of five lots in Glendale. Through the intervention of Bokofsky one Edgar D. Walker was induced for a small consideration to act as “dummy” in the transaction. The first payment was made on the lots and title conveyed to Walker and his wife. For the purpose of obtaining funds for construction purposes Mr. and Mrs. Walker executed promissory notes and deeds of trust covering two of the lots in favor of Mutual Building and Loan Association of Pasadena. Notes and deeds of trust covering the other lots were made in favor of Smith and Sons Investment Company. Both of these concerns loaned money for building purposes, the checks issued by Mutual Building and Loan Association being payable to Bokofsky and the checks issued by Smith and Sons being payable to the Walkers.

Defendant obtained possession of two checks issued by Smith and Sons, forged the indorsements of the Walkers and deposited the proceeds in his personal bank account. These two checks form the basis of the charges contained in counts I and II of the information, and the trial court found defendant not guilty on these two counts, holding that there was sufficient evidence of an implied authority to indorse the checks on behalf of the Walkers to prevent a conviction thereon.

The checks payable to Bokofsky were held in trust by him and placed in his “clients account”. Thereafter he disbursed the funds to defendant or, upon defendant’s order, [679]to the various persons who were furnishing material and labor for the work under construction. He issued checks when requested by defendant without examining the invoices. On several occasions at' defendant’s request and upon his representation that funds were required to pay outstanding bills Bokofsky issued checks payable to specified contractors, but defendant forged the indorsements of the payees named therein and deposited the checks in his personal account. A portion of these funds was used for his personal expenses. The counts upon which defendant was found guilty are based upon these forgeries.