People v. Johnson

A jury found defendants guilty of three counts each of the violation of Penal Code section 470 (the alteration of and passing three “Bondified” money .orders). Imposition of sentence was suspended for both defendants and each placed on probation for three years, sub jeet to the usual conditions and one year in the county jail. Both defendants appeal from the judgment and order.

An examination of the entire record of this case convinces us that prejudicial error has occurred requiring reversal. For the delineation of these errors it is necessary to set out in detail pertinent portions of the testimony.

Mrs. Goldie Etheridge, cashier and sales clerk at the Manor Five and Ten store in Sacramento, testified that in the first week of December 1962 she sold three money orders, each for the sum of $1.00, to defendant Rose Marie. Defendant Moore was with her at the time. Mrs. Etheridge positively identified defendants as the persons who purchased the money orders; she remembered them because it was unusual to purchase money orders in the amount of $1.00, and they had been in before for money orders for the same amount. At a later time they had attempted to purchase four more money…