Harben

This is an appeal from a judgment of conviction, and from an order denying defendant’s motion for a new trial, upon a charge of passing a fictitious bank bill in violation of the provisions of section 476 of the Penal Code.

The information charges that the defendant on the twenty-eighth day of October, 1905, passed a certain fictitious bank note of a bank or corporation having no existence at that time; and charges the defendant with knowledge of the false and fictitious character of the bill, and of the nonexistence of the bank named in the bill at the time of the passing of the bill.

The note or bill is double, that is, it consists of two bills pasted together, the exposed sides being similar to each other and the reverse side of each bill being entirely concealed from view. Both bills are of the denomination of twenty dollars and purport to have been issued by the State Bank at New Brunswick, state of New Jersey. One of the exposed faces bears the “No. 31777”. and the date 1864; the other shows the number blank (No. -) and the date (18-) incomplete. Both are signed “John B. Hin, Prest.,” but the space preceding the word “Cash’r” is blank (-Cash’r).

The bank named in the bill…