McKissack

An information charging defendant with one count of forgery. (Pen. Code, § 470) consolidated for trial with an information charging his brother Reece Ray McKissaek with four counts of forgery, became count V of the consolidated information. A jury found defendant guilty of forgery as charged in count V; Reece Ray McKissack was found guilty on counts I, II, III and IV. Only defendant appeals from the judgment.

The charge against defendant (count V) involves Exhibit 5, a cheek drawn on First Western Bank and Trust Company of Alhambra, California, personalized for Laddercraft Company, dated October 29, 1965, payable to Torry A. Hatch in the sum of $169.88, bearing a signature of Edward H. Wurst as maker. In late October 1965 Edward II. Wurst, vice president of a manufacturing corporation, Laddercraft Company, missed some numbered checks from his place of business (Exhs. 1, 2, 3, 4, 5). On October 29, 1965, Exhibit 5 was presented to William L. Cunningham, Alpha Beta Acme Market in Alhambra; he gave cash in exchange for the check. The signature in the lower right-hand corner of the cheek was not that of Edward H. Wurst and he did not give anyone permission to sign his name to the…