People v. Del Corro

Good Law
1928 Cal. App. LEXIS 333·88 Cal. App. 403·263 P. 548
Court of Appeal of CaliforniaJanuary 19, 1928Docket No. 1411.California543 words

Opinion

Lead Opinion

Tyler, J.

Appellant was charged by information with the violation of section 476 of the Penal Code in having wilfully, unlawfully, and feloniously issued to one Ada Wetther a check drawn on the Bank of Italy in favor of one J. Severo and signed D. Y. Higgins. That the check was issued with intent to defraud. It is charged that in truth and in fact there was and is no such person as D. Y. Higgins, which fact appellant knew and that the check was fictitious. The matter came on for trial May 6, 1927, at which time appellant appeared without counsel and insisted upon conducting his own defense. He was found guilty and sentenced to imprisonment in the state prison at Folsom. He has appealed from the judgment and from an order denying him a new trial. As grounds for reversal it is claimed that the superior court had no jurisdiction over his person or to try the cause or to determine the same. It is also claimed that the trial court misdirected the jury in matters of law, and erred in the decision of various ques tions relating to the admission and rejection of evidence. Misconduct is also alleged. Appellant has sent us a from the place of his incarceration expressing . the wish that we dismiss…

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