Keene

Defendant was charged in Count I of an information with having conspired with Rumley, Batten, and Smith to cheat and defraud Kork Incorporated, California Bank, Phillips Furring Nail Company, Security-First National Bank, and others by forging and passing checks as genuine, knowing them to be forged. Thirteen overt acts were alleged to have been performed in pursuance of the conspiracy. He was charged in Counts II to XIII with having forged and passed certain checks, knowing they were forged, with intent to cheat and defraud various persons and companies. He was found guilty by a jury of each count charged and was sentenced to state prison on each count. The judgment was that the sentence on Counts II to VI should run concurrently with each other and consecutively to the sentence on Count I, and that the sentences on Counts VII to XIII should run concurrently with each other and consecutively to the sentences on Counts II to VI. Defendant appeals from the judgment. Batten, one of the alleged conspirators and an admitted accomplice, testified for the prosecution and implicated defendant in all of the offenses charged.

Defendant’s points are: 1. Insufficiency of the evidence to…