People v. Rose

PIERCE, P. J. Defendant was convicted of violation of Penal Code section 470 (forgery). He appeals contending principally that (1) there was no corroboration to the testimony of his accomplice and therefore insufficient evidence to support the conviction; and (2) that evidence of his own extra-judicial statement received in evidence as an admission was inadmissible hearsay. Both contentions are unsound.

Defendant and Alice, the latter a 17-year old, en route from Oregon to Nevada for the purpose of obtaining migratory divorces from their respective spouses, decided to defray part of their expenses by passing forged checks. Reaching Shasta County, California, they looked up names in the telephone book and after making name selections phoned the Bank of America at Redding to ascertain whether there were checking accounts in such names. They obtained from an undisclosed source a supply of blank checks issued by the bank and a number of fictitious checks were drawn by defendant. One of them, dated December 28, 1962, bore the purported signature of' Norman T. Woolf, a Redding physician. It was made payable to “Anita Abren.’’ This was the maiden name of defendant’s about-to-be divorced wife. Defendant had obtained his wife’s social security card and her driver’s license. These were furnished to his companion Alice to use for identification. Fifty dollars was the amount of the check. It was cashed by Alice at the Farmer’s Market located at Anderson, Shasta County.

The next day the couple crowded their luck; they tried to cash at the same market another forged check bearing the same names as maker and payee respectively. This check was also written by defendant. Alice attempted to cash it while defendant stood by the meat ease of the market. The attempt was a mistake. Employees of the market had been in touch with Doctor Woolf and had learned the first check was forged. The clerk to whom the second check was presented did not immediately apprehend the pair but he did refuse to cash the check and the police were notified.

Alice left the market and defendant was seen joining her. The two walked to a beauty salon nearby and Alice walked in. When they left later they were stopped by police officers and questioned. Defendant falsely identified himself as “Torry Davis from Wichita, Kansas.” At the police station employees of the store identified Alice as the person who cashed the checks and defendant as her companion. The social security card of Anita Abreu was discovered in Alice’s [527]purse. Defendant stated to Alice; “If you are in some type of trouble, or if you are in any trouble or have done anything wrong, don’t worry. I will stick by you.” Thereafter Alice admitted, first out of the presence of defendant and later in his presence, that she had cashed a number of forged checks which defendant had written. She said she had done this because defendant had threatened her 9-months-old baby. A police officer then asked defendant if Alice’s story was true. Defendant shrugged his shoulders and stated, “More or less.” The statements of both were voluntary and it is not contended otherwise.