Calpestri

The defendant was convicted of the crime of forgery and he has appealed from the judgment and an order denying him a new trial. The information on which he went to trial pleaded in one count (1) the forging, and (2) the uttering of a check purporting to be indorsed by the payee therein named, G. Cerruti. A trial was had and the jury brought in a general verdict of guilty as charged.

[1] In support of his appeal the defendant contends that the trial court erred in allowing evidence of the confession of the defendant because it had not been shown that the confession was voluntary. As to whether the confession was voluntary or otherwise, a gréat deal of time was taken up during the trial of the case in the examination of each witness who was present at the time of the confession. The interview in which the defendant confessed was a long one, covering four hours or more. During that time much conversation was had, but it does not appear that anything occurred which can be said was in the nature of a threat or a promise. We are not inclined to say that the evidence on those subjects was even conflicting, but conceding that it was, such is the broadest summary in favor of the…