People v. Obersmith

McCOMB, J. From a judgment of guilty of (1) fraudulently and feloniously altering a grant deed on or about October 26, 1950, and causing the same to be recorded in the official records of Los Angeles County with the intent to cheat and defraud, and (2) feloniously and knowingly procuring and offering to be filed, registered and recorded in the official records of Los Angeles County a false and forged instrument purporting to be a grant deed conveying from Alice R. Green to defendant certain real property, after trial before a jury, defendant appeals. There is also an appeal from the order denying the motion for a new trial.

Facts:* . On October 26, 1950, the complaining witness, Alice R. Green, signed a grant deed conveying to defendant certain real property, to wit: “Lot 8, in Block 88, of Santa Fe Springs Tract, as per map recorded in Book 26, Pages 37-40 of Miscellaneous Records of Los Angeles County.” Thereafter, defendant inserted in the grant deed the following: “Grantor conveys all of her right, title and interest, not only as far as her interest in said property is concerned, but also any interest that she has in the Estate of M. M. Green, also known as Manly M. Green, Deceased, and hereby warrants that she is the sole heir of said Estate and entitled to the said property under the Probate Administration thereof.” Subsequently defendant caused the grant deed as altered to be recorded in the official records of Los Angeles County on October 27,1950.

Defendant does not question the sufficiency of the evidence to sustain the findings of fact upon which the verdict of guilty was necessarily predicated but claims that the court érred (1) in its rulings on the admissibility of evidence relating to proceedings had in the Superior Court of Los Angeles County in connection with the probate of the estate of the [99]husband of the complaining witness, (2) in restricting the cross-examination of the complaining witness, and (3) in limiting the scope .of the examination of a defense witness, Hiram T. Kellogg.

Article VI, section 4% of the Constitution of the State of California reads in part as follows: “No judgment shall be set aside, or new trial granted, in any case, on the ground of misdirection of the jury, or of the improper admission . . . of evidence . . . unless, after examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice ...” (Italics added.)