People v. Todd

DORAN, J. Appellant was convicted, after a trial by jury, on six counts of an information, in reference to the forgery, etc., of certain alleged testamentary instruments of Charles Babonet, deceased. Counts I and IV charge the defendant with forgery of a certain handwritten will dated May 26, 1941, and of a typewritten will of the same date, and the uttering and publishing of the same with intent to cheat and defraud the estate. Counts II and V charge the crime of preparing false evidence in the form of said purported wills, in violation of section 134 of the Penal Code. Counts III and VI accuse the appellant of violations of section 115 of the Penal Code, in offering the alleged false instruments to be filed of record.

As stated in respondent’s brief, “Appellant’s brief is in propria persona and . . . appellant makes but one contention and that is that although the information charges six counts of violation of the Penal Code there was in fact only one offense and that he has been convicted six times for the same [642]offense, and as to Counts Two, Three, Four, Five and Six he has been placed in double jeopardy.” Certain other matters raised by indirection in appellant's brief, will also be referred to.

Appellant’s assertion that the convictions are based upon insufficient evidence is answered by referring to the well established rule that where there is substantial evidence in support of the judgment, an appellate court will not attempt to weigh or reevaluate such evidence. In the ease at bar the record discloses that the prosecution offered a chain of circumstantial evidence, coupled with the testimony of Clark Sellers, handwriting expert, which if believed by the jury, abundantly supports the verdict rendered. Credibility of the witnesses and the weight of such evidence are questions of fact for the jury to determine, and in this case have been resolved against appellant’s contentions.

Charles Babonet at the time of death was an elderly man, confined to a wheel chair, and lived in a small three-room house in the manner of a very poor man. An investigation of the house after Mr. Babonet’s death revealed over $130,000 in currency hidden on the premises, and the total estate was valued at some $400,000. No will was found.

An article concerning Mr. Babonet’s death appeared in the Sacramento Bee on August 17, 1950, at which time the defendant Todd was living in Sacramento. On August 25, 1950, the public administrator’s office at Los Angeles received by mail the left hand portion of a torn writing, the envelope being postmarked Sacramento, California. On September 30, 1950, the defendant delivered to Attorney Lawrence at Sacramento, the right hand portion of the same writing which purported to be the last will of Charles Babonet. Attorney Lawrence delivered the latter portion to the public administrator’s office in Los Angeles. Both portions of this document, referred to as the “burned will,” were pasted together and filed in the probate court.