Sheridan

D efendant was charged in an amended information, containing five counts, with five separate offenses of forgery (fictitious name) and with two prior convictions, one in California and the other in New York. He admitted the prior conviction in California, but denied the one in New York, and pleaded not guilty to the forgery charges. On motion of the district attorney count III was dismissed. The jury found defendant guilty on counts I, II, IV and V, and of the- prior conviction in New York. From the judgments of conviction entered and the orders denying his motions for new trials he has appealed.

The evidence shows that appellant registered at the Hilton Hotel in Los Angeles as “John II. Gardner” at about 1:30 A. M. on February 21, 1933. At the time he stated he had an automobile and a chauffeur, but that he ran out of gasoline and left the car at the curb at Third and Alvarado Streets. Upon being told that he might get the garage man next door to bring the car in, he went into the garage, but came back, saying, “No, I guess I will leave it there.” That evening, at about 8 o’clock, he asked the cashier to cash a check for $25 for him, saying that it was his aunt’s and that his…