Sergent

This is an appeal from an order denying a motion for a new trial and the judgment wherein defendant was convicted on two counts of forgery.

In an information filed in Los Angeles County the defendant was charged in Count I with a violation of section 470 Penal Code in that he did, on or about February 20,1959, with intent to cheat certain named persons, forge a cheek for the payment of money in the sum of $96.41 and did then pass the same knowing that such check was forged. In Count II the defendant was charged with committing substantially the same offense as set forth in Count I, on February 22, 1959. He pleaded not guilty. A jury trial was properly waived. On stipulation the matter was submitted on the testimony contained in the transcript of the preliminary hearing and further that both sides could present additional testimony. The defendant was found guilty and sentenced to the state prison.

With reference to Count I, the evidence disclosed that Mr. Katzman was the proprietor of a surplus goods store in Burbank on February 20, 1959, and that on that date a Mr. Deering presented to him a form of printed check with the name “Sergent’s Body Shop” printed at the top. The check…