Prather

This is an appeal from a judgment of conviction of appellant, who was charged with the crime of forgery, and from an order den,;- ing his motion for a new trial.

The first contention of appellant is that the court erred in permitting the prosecuting witness Thompson to testify to a certain conversation with a man named Rock on the streets of Oakland out of the hearing of Die defendant and before he had appeared upon the scene: the second contention of the appellant is that the court erred in admitting the evidence of said Thompson as to certain conversations and conduct after he had joined Rock and Thompson, but before the transactions out of which this case arose, as to the laying of certain illegal bets on a horse-race, in the course of which Thompson lost all of his ready money. The appellant contends that the evidence of this episode amounted to an attempt to prove another, separate and distinct offense from that with which the appellant is charged herein, to his prejudice in the present case. These two contentions of the appellant may be considered together since they each involve a review of the evidence in the case for the purpose of determining what the relationship,…