People v. Williams

Good Law
186 Cal. App. 2d 420·1960 Cal. App. LEXIS 1648·8 Cal. Rptr. 871
Court of Appeal of CaliforniaNovember 16, 1960Crim. 6614California1,374 words

Opinion

Opinion

Fox, J.

Defendant was convicted of violating section 470 of the Penal Code in that on September 28, 1958, he attempted to utter or make use of a forged check. He has appealed from the judgment and sentence.

In the early evening of August 28, 1958, defendant entered the B & B Liquor Store in Los Angeles and inquired whether he could cash a payroll check, stating that he wanted to buy some liquor and beer. The clerk informed defendant that he could cash such a check and asked to see it. Defendant handed it to the clerk, and proceeded to pick up a six-pack of beer. Being suspicious of the authenticity of the check, the clerk feigned that he did not have enough cash in the cash register, and proceeded to the safe; he then pretended he could not get into the safe because it was locked, that he did not have the key; that he would have to get it. In the meantime the clerk made a telephone call that resulted in deputies from the sheriff’s substation appearing immediately at the liquor store. Defendant was still there. When the deputies arrived, “defendant made a run for the door. ’ ’ They pursued and apprehended him down the street.

The check which defendant presented to the clerk was dated…

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