Costa

An information was filed against defendant, charging him with the crime of forgery and with having been previously convicted of a felony and having served a term of imprisonment therefor in the state prison at San Quentin, to which the defendant entered a plea of not guilty to the charge of forgery and admitted the prior conviction.

After a trial by a jury, defendant was found guilty as charged and now prosecutes this appeal from the judgment based thereon, claiming insufficiency of the evidence, failure of the court to properly instruct as to reasonable doubt, and prejudicial misconduct on the part of the district attorney.

It appears that a stranger called at the place of business of Mr. Ylahos and presented a check in the sum of $10, purported to have been made by one John Pedro and payable to J. Borges. The stranger said that he was J. Borges and was employed by John Pedro who was a responsible business man in the community. The check was indorsed “J. Borges” in the presence of Ylahos, who delivered to the stranger a small amount of merchandise and the balance in cash. Upon presentation to the bank, the check was found to be a forgery. The defendant was arrested and…