Hamby

This is an appeal from a judgment of conviction of the crime of issuing a fictitious check. According to the information the alleged spurious paper was issued over the name O. D. Cook and was made payable to the order of appellant. One Freidman cashed the cheek for appellant and presented it to the bank on which it was drawn, when it was dishonored. The information charges that the paper was forged by appellant, through the. use of the fictitious name 0. D. Cook, with intent to defraud Freidman and the bank.

[1] Appellant first contends for a reversal of the judgment on the ground that the prosecution failed to prove an intent on his part to defraud Freidman and the bank. There was testimony from an expert to the effect that all the handwriting on the face and back of the cheek, including the signature “O. D. Cook” and the indorsement “Guy Hamby,” was that of appellant. This evidence, taken in connection with the fact that the bank was named as drawee of the instrument and the further fact that Freidman cashed it, was sufficient to justify the jury, its members being the judges upon the question of intent (People v. Walker, 15 Cal. App. 400 [ 114 Pac. 1009 ]), in finding that…