Long

A jury found defendant guilty of passing a $45 forged check. He appeals from the judgment. He assigns error in the admission in evidence of three forged checks other than that on which the accusation was based.

The $45 check was presented to and cashed by Victor Kauck, a store owner, in August 1968. The maker was fictitious, or at least had no account at the drawee bank. Jerry Willoughby was payee. At the trial Kauck identified defendant as the person who had, in his presence, indorsed the check with Willoughby’s name and had followed the indorsement with a fictitious address and telephone number.

When the check was returned unpaid, Kauck first went to Willoughby, then to the police. In August or September 1968 the police showed Kauck some photographs but no identification resulted. In April 1969 he was shown some additional photographs. Although defendant’s picture was included in this second group, he was unable to identify the check passer. Later, when Kauck was shown a single photograph of defendant, he identified Mm as the check passer.

Willoughby’s sister is married to defendant’s brother. Willoughby testified that the indorsement on the check was not his. A…