Thorp

Under an information filed by the district attorney of San Diego County on November 4, 1929, appellant was convicted of the crime of forgery alleged to have been committed by him on March 3, 1928. He was sentenced to confinement in the state penitentiary for the term prescribed by law.

Appellant complains of errors of the trial court in the admission and rejection of evidence, of instructions to the jury, and of misconduct of the district attorney during the trial, and relies upon them for a reversal of the judgment.

The alleged errors in rulings on the evidence occurred in connection with the identification and admission in evidence of a photograph which respondent urges was used for the purpose of assisting witnesses to identify the appellant. The picture was evidently taken in a criminal investigation bureau. The forged check was drawn on the First National Trust and Savings Bank of San Diego, in favor of the First National Bank Trust and Savings, in the sum of $151.13, and was used to purchase travelers’ checks of the American Express Company. A certain signature card, and another forged check were also involved. None of the bank employees could identify the appellant as the…