People v. Rekula

BRAY, J. Defendant appeals from a conviction of two counts of violation of section 470, Penal Code, and from denial of his motion for a new trial.

While represented at the trial by the public defender, defendant appears here in propria persona. He makes the blanket contentions that the evidence was insufficient, that he was denied due process of law, that the witnesses against him committed perjury, that the district attorney was not “fair and impartial, ’ ’ that many sections of the United States Constitution, the California Constitution, and the Penal Code were violated, and that he is entitled to a reversal on all the “statutory grounds contained in Section 1181” Penal Code. He does not attempt to show in what manner his rights were violated nor give any specific support for his contentions. He merely refers to various pages of the transcript without indicating any connection between those pages and his blanket contentions. We have carefully studied the transcript and cannot find any instance of error nor of any denial of any of defendant’s rights. While we doubt if the district attorney was wholly impartial (obviously he was endeavoring to convict defendant) we find no instance (and defendant has pointed out none) in which he was unfair.

Evidence

In the first count it was charged that defendant falsely made, altered, forged, uttered, published and passed a certain described check that appeared to be a payroll check of Ace Dye Works and cashed by Robert Hall Clothing Company, knowing it to be false, altered and forged. Count 2 contained a similar charge as to what appeared to be a payroll check of A. M. Castle and Company and cashed by Lucky Stores. A prior conviction of forgery charged was admitted by defendant.

Fibst Count

During the Columbus Day (October 12th) week end the Ace Dye Works was burglarized. Nothing appeared to be stolen but a book of blank payroll cheeks and a check-writer. On October 22d defendant appeared at the Robert [378]Hall Clothing store in Oakland, made a $12 or $13 purchase and tendered a check for $67.94 identified as one of those stolen, which was signed for the Ace Dye Works with fictitious signatures and was made payable to “Paul Esterly.” Defendant falsely stated that he was employed by the Ace Dye Works and presented an automobile driver’s license issued to Paul Esterly. At the preliminary examination the witness who cashed the check testified that defendant endorsed it in his presence. At the trial the witness admitted he may have been mistaken in this respect, that while usually he required that a check be endorsed in his presence he could not recall whether or not that occurred in this instance.