People v. Van Baron

Appellant was charged by an information filed by the district attorney of Orange County with uttering, publishing and passing a forgéd check. He entered pleas of not guilty, and not guilty by reason of insanity. The jury found him sane, and guilty, and he prosecuted this appeal. He raises no • question on the correctness of the proceedings on his plea of not guilty by reason of insanity.

The information charged the uttering, publishing and passing of a forged check in words and figures as follows:

The information as originally filed did not contain the portion which we have italicized. Before the jury was impaneled the court permitted the district attorney to amend it by the interlineation of the italicized words and figures. The check introduced in evidence was dated May 17, 1930, instead of May 16, 1930, as alleged in the information. It did not bear the indorsement of Carl Swartz, the payee. Appellant has a long list of assignments of error, but they are all based on the amendment of the information, the lack of the indorsement of the check, and the variance in dates. For this reason it will not be necessary to consider all of the assignments of error separately.

It appears…