Charles A. Ryno v. United States

Good Law
232 F.2d 581·1956 U.S. App. LEXIS 3066
United States Court of Appeals for the Ninth CircuitApril 10, 195614793California1,724 words

Opinion

Opinion

Foley, J.

Appellant, Charles A. Ryno, was indicted in the United States District Court in and for the Southern District of California for violations of Title 18 U.S. C.A. § 495. The first count charged appellant with forging the endorsement and signature of the payee of a United States Treasury check for the purpose of obtaining from the United States the sum of $137.10. The second count charged him with uttering and publishing as true the false and forged endorsement described in Count I. The case was tried without a jury and defendant was found guilty as charged.

The check alleged to have been falsely endorsed and uttered was an allotment check issued under the provisions of Public Law 771, 81st Congress, Title 50 U.S.CA. Appendix, §§ 2201-2216 and Title 37 U.S.C.A. § 231 et seq.

The specifications of error are:

1. In this case involving the crime of forgery, appellant’s wife was permitted to testify against him as a witness for the prosecution, although appellant asserted his privilege that his wife not testify. The motion of appellant to strike the testimony of his wife was also overruled.

2. The Court erred in refusing to find that the allotment check involved herein was the…

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