Braver

defendant was found guilty by a jury of the crimes of forgery (Pen. Code, § 470) and grand theft (Pen. Code, § 487, subd. 1) in a second trial, a jury having been unable to reach a verdict as to either charge in the first trial. He has appealed from the ensuing judgment and from the order denying his motion for a new trial.

The case of the prosecution was that the defendant had signed the names of his uncle and aunt to a promissory note and chattel mortgage and had represented to George Kleck, the manager of the Los Angeles office of a finance company, that the signatures were genuine and that the loan was being requested by his uncle and aunt, the defendant thereby obtaining a cheek for $497.20 payable to his uncle which he cashed for his own use. The monthly payment to be made under the terms of the loan was $26.51.

The testimony given on behalf of the People as to the transaction at the office of the finance company was that of Mr. Kleck. At the time of the trial, Mr. Kleck was serving a term of imprisonment in the state prison because of the commission of the crimes of forgery and grand theft while an employee of the finance company. The offenses to which he had pleaded…