Driggs

Appeal from judgment of conviction and an order denying defendant's motion for a new trial. By information filed by the district attorney the defendant was charged with the crime of forgery, it being averred that she forged the name of one John J. Charnock to an instrument which purported, in consideration of "past kindness and tender care bestowed upon him by the said Gertrude Driggs," to lease to her for a term of years certain real estate therein described. Appellant attacks the information, claiming that it is defective in that it charges her with the commission of two offenses, namely, that of forgery as defined in section 470 , Penal Code, and also that defined in section 115 , Penal Code, which provides that "every person who knowingly procures or offers any false or forged instrument to be filed, registered or recorded in any public office within this state, which instrument, if genuine, might be filed, or registered, or recorded under any law of this state, or of the United States, is guilty of felony." The information, in appropriate language, charges the defendant with forging the instrument, it being averred therein that "Gertrude Driggs is accused . . . of the crime…

Application for a hearing in this court is denied. In denying this application we deem it proper to say that we are not to be understood as approving that *Page 247 portion of the opinion which is as follows: "The mental state of the deceased toward defendant was wholly irrelevant so far as it affected her guilt or innocence."