People v. Sanderson

THE COURT. Ben J. Sanderson was convicted by a jury of forging a fictitious name and of two offenses of issuing a check without sufficient funds. He admitted a previous felony conviction of three offenses of forgery. He appeals from the judgment and the denial of his motion for new trial. He was represented by a deputy public defender at the trial.

Upon application of appellant for appointment of counsel on the appeal, we examined the record. Having determined that appointment of an attorney would be of no benefit to appellant or to the court, we denied the request and notified appellant, extending his time to file a brief; no brief has been filed.

There was evidence of the following facts. Sander-son opened an account at the Furniture Mart Branch of the Citizens National Bank on September 16, 1959, depositing $25 in cash and a $278 cheek of James E. Slome payable to appellant and drawn on the Security First National Bank, Avalon and Vernon Branch; on the face of the check was written: “For a 1956 TV Console, 21 inch”; appellant was told not to draw cheeks against the account for six days; the [546]Slome cheek was returned unpaid; notice was sent appellant on the 18th. There was no account under the name of Slome at the Security Bank. On September 17th, appellant, using the name Fred D. Branch, presented a $150 check drawn on the Citizens Bank, signed Ben J. Sanderson and endorsed to Branch, to one Spitzer at the Bengal Discount Furniture Store; appellant signed a conditional sales contract for some furniture in the name of Branch; he made a $100 down payment and received $50 in cash; another man was with appellant. On September 21st, appellant went to the Smart Shop and presented his $72.76 check on the Citizens Bank as payment for some dresses for his wife; the saleslady took the check and appellant’s driver’s license upstairs and appellant left. Shortly thereafter Mrs. Sanderson came in and asked for the dresses, whereupon the police were called and she was arrested and taken to the police station. Appellant was arrested when he went to see Mrs. Sanderson. The $72.76 check was not presented to the bank for payment. The $150 check was presented to the bank and returned unpaid. A handwriting expert gave his opinion that appellant wrote the $72.76 cheek and endorsed the $150 check and the Slome check for $278, but he did not write the face of the latter; the latter checks were written by the same person.

Officer Robbins had several conversations with appellant after his arrest. Appellant admitted writing the $72.76 check but said he thought he had enough money in the Citizens Bank to cover it. He said he got the $278 check from one James E. Walker; when told the check was signed “Slome” he said he knew Slome as Walker and sold the latter a TV set for the $278; he gave the officer an old address of Walker’s. Robbins checked out the address but got no information about Walker. In a subsequent conversation, appellant at first denied knowing anybody named Branch and disclaimed knowledge of the $150 check but later admitted using the name Fred D. Branch. He also admitted making out the conditional sales contract in the name of Branch but he denied signing, endorsing or cashing the $150 check.