People v. Weems

GRIFFIN, J. In an information defendant was charged with three counts of forgery, violating Penal Code, section 470, and four prior felony convictions, robbery, second degree, forgery, conspiracy to steal mail and to forge and utter checks, and possession of stolen mail. He admitted the four prior felony convictions and a jury found him guilty on counts one and two, but not guilty on the third count.

Defendant, in January, 1957, sought employment at the Heidelberg Ballroom, and apparently took about 20 printed blank checks from their checkbook. Thereafter, Don Chambers, a colored 16-year-old student, was in defendant’s car with him and he showed Don 10 or 12 blank checks, the majority of them being the ones printed “Heidelberg Ballroom.”

Don testified defendant asked him to endorse these various checks and furnished the names to be written with various pens furnished by him, telling Don he was going into business with these men and to write each name in a different handwriting. Don claimed he did not know he was doing wrong in so endorsing the checks.

As to count one, in February, 1957, Don rode with defendant to a Safeway Store in Linda Vista. The manager accepted a Janitors’ union card furnished by defendant, with his photograph attached, bearing the name George Larkin, as identification, and approved the cashing of a cheek by his clerk for $90.15. It was purportedly signed by the Heidelberg Ballroom officials and made payable to George Larkin. At the trial the manager of the Safeway Store identified defendant as the one who presented the card and photograph to him at the store, described him as colored, wearing khaki trousers, a zipper-front jacket and a dark blue cap. The clerk likewise identified him as the man who cashed the check. She gave the same description and said she was not “absolutely positive” he was the man but she was certain to the best of her knowledge. The check was identified as one of those taken from the Heidelberg Ballroom. The signature on its face was unauthorized by its officers.

As to count two, in the same month Don went with defend'ant to a liquor store and according to Don, defendant told him to go inside with him and if anyone entered who looked suspicious to “beck to him”; that defendant purchased some merchandise and cashed a check in the sum of $97.13 drawn on the Heidelberg Ballroom. The check was made payable to “Curtis Mosley.” Defendant showed the owner a driver’s license with the name Curtis Mosley on it. Defendant was [755]