Jack

A jury found defendant guilty of forging a prescription for a dangerous drug. (Bus. & Prof. Code, § 4237. ) He appeals from the judgment of conviction.

On June 4, 1962, at about 11:45 a.m. Angelo J. Sehenone, a pharmacist employed at the Four Corners Pharmacy in Concord, received a telephone call from a person identifying himself as Dr. Bagnall in Richmond. The caller said that he was telephoning in a prescription of 50 capsules of dexedrine for one Adrian Ryan.

Sehenone wrote the prescription on a piece of paper captioned “Telephone Prescription” as the doctor was giving it to him over the telephone. This paper, which was received in evidence without objection, thus contained the name and quantity of the medication, the directions for taking it, the doctor’s name, address and telephone number, and the name and address of Adrian Eyan for whom the drug was prescribed. After the druggist received the telephone call, he was suspicious of the prescription and telephoned Dr. Bagnail to confirm it. The latter told Schenone that he had not telephoned the prescription to the pharmacy. Schenone thereupon telephoned the sheriff’s office.

At about noon on the same day, defendant entered…