Adair

Defendant Adair was accused on one count of forgery and two counts of forgery of a fictitious name, after prior conviction of a felony. He admitted the former conviction and was convicted and sentenced on all three counts. From the judgment and order denying motion for new trial he appeals.

Intent to defraud is said to be lacking to support the jury’s verdicts. The check set out in count- 1 was drawn by appellant’s co-defendant Ainsworth, and cashed by Adair at a market where he was known by sight, the proceeds being used in part to settle an old account and the balance being handed to appellant in cash. The two other cheeks which were passed by Ainsworth were declared by a handwriting expert to have been written by appellant, and the latter told the officers he had written them. At the trial Ainsworth, who had pleaded guilty to the two latter counts, testified that he had written the two latter checks, notwithstanding a prior denial to the officers. The jury may reasonably have concluded that the two defendants were operating together, and the fraudulent intention logically appeared from the circumstances (Pen. Code, sec. 21) and from the deliberate commission by them of an…