Brown

In this action the defendant was convicted, under section 476 of the Penal Code, of making, uttering, publishing, and passing a fictitious check. The information contained two counts. In count one the defendant was accused, under section 470 of the Penal Code, of the crime of forgery. And in count two, under section 476, of the crime of making, etc., a fictitious check. The check, as set out in full in each count of the information, purported to be signed by “J. Burke and Co.” In the body of the information, however, and in each count thereof the check was described and referred to as a check “purporting upon its face to be signed by a certain person and individual named J. Burke.” The check, when introduced in evidence, had the name of “J. Burke and Co.,” signed thereto. After the close of the testimony of the people the district attorney asked leave to amend the information so that the same should read “J. Burke and Co.” instead of “J. Burke.” Count one of the information was amended by substituting the words “J. Burke & Co.” for the words “J. Burke.” No amendment, however, was made to count two of the information. The defendant was convicted under count two, and thereafter,…