Wheelwright

Defendant, convicted of forgery, was granted probation. He appeals from the order granting probation. The order is appealable. (Pen. Code, § 1237.)

The only contention possessing merit is that the trial court of its own motion gave the following unexplained and undefined instruction: ‘1 Evidence of an oral admission or statement by the defendant ought to be viewed by [sic] caution. ’11 In the context of the facts of this case we hold that the giving of the instruction was error. But we will also hold there was no miscarriage of justice. (Cal. Const., art. VI, § 13.)

James Coleman was the manager of Compton’s Market at 3750 Stockton Boulevard in Sacramento. On February 16, 1965, at the opening of the store at 9 a.m., a Negro, later iden tified by Coleman as defendant, presented a check to be cashed. He and Coleman were the only ones in the market at the time. The check was “personalized” with “Krishna’s International Colonial Theatre, 3522 Stockton Boulevard, Sacramento, California,” printed on it plus the usual printed computer-data in common use. The date, “Feb. 16, 1965,” the name of the payee, “T. Wheelwright,” and in words and figures the amount of the check, $135, were…