Gordon

The defendant was found guilty of uttering and passing a fictitious instrument in writing for the payment of money, and sentenced to a term of three years in the state prison. He prosecutes this appeal from the judgment and the order denying his motion for a new trial.

The information states that the defendant is accused of feloniously uttering and passing, on the- twentieth day of May, 1909, at the city and county of San Francisco, a fictitious instrument in writing for the payment of money, with intent to defraud one Aaron Jacobs, which fictitious instrument in writing is stated to have been “then and there in the words and figures following, to wit:

“ ‘San Francisco, Cal., May 20th, 1909.

“ ‘$25.00 At sight pay to the order of W. F. Gordon twenty-five no/100 dollars Value received, and charge the same to account of H. C. Watson.

“ ‘To Geo. W. Harrington, No. 212 Fifth street, San Diego, Cal. H. C. WATSON.

“ ‘No protest. Tear this off before presenting.’

“Indorsed as follows: ‘W. F. Gordon.’ ”

The information further charges a prior conviction of a felony, to wit, embezzlement, by a judgment of the superior court given and made on or about the thirty-first day of…