People v. Wixson

DORAN, J. This is an appeal from the judgment.

Defendant was charged with three counts of forgery. A jury was waived and, “It was stipulated that the testimony received at the preliminary hearing shall be received in evidence.” The defendant testified in person at the trial.

The three checks involved, which were American Express cheeks, belonged to Richard Mays who was intoxicated when the checks were missed. Mays testified.

“A. I missed these checks the next morning.

“Q. When was that? A. . I mean, I missed the checks that night, rather.

“Q. When is that? A. When he taken them off of me. That was on April the 8th.

“Q. April the 8th, this year? A. Somewhere around 11:00 o’clock at night. I can’t be positive.

“ Q. Now, when you say he took them off of you, who was that? A. Well, I can’t be positive.

“Q. Do you see that person in the court room today? A. I see one that resembles him.

“Q. Will you point him out to us ? A. That is him.

“Q. You are pointing to a man seated at the end of the counsel table, this man here? You nodded towards some person. Where is he ? A. This one here.

“Q. You are pointing now to this person? A. It resembles him, yes, sir.

‘ ‘ Q. That is the defendant. ...” The checks were for $50 each.

Victor Grottieelli, a bartender at a bar frequented by defendant cashed all three checks. With regard to the first check, referring to defendant, the bartender testified:

“Q. Have you seen this defendant before? A. Yes, sir.

[25]“Q. Did he cash that check with you ? A. Yes, sir.

“Q. What did you give him for that check? A. I gave him $30 on that check.

“Q. When and where did that take place ? A. That took place on May the 8th.

“Q. At Prank’s Cafe? A. Prank’s Cafe. That is right. ’ ’