Milligan

Defendant appeals from a judgment of conviction of the crime inhibited by section 476 of the Penal Code, which makes punishable the fraudulent act of making, passing, uttering, or publishing a fictitious bill, note, or check.

More particularly the information herein charged in substance that at a designated time and place defendant did wilfully, unlawfully, and feloniously utter, publish, and have in his possession a certain false and fictitious promissory note which he attempted to pass as true and genuine.

The first point urged by appellant as a reason for reversal of the judgment is that, over defendant’s objection and to the prejudice of defendant’s substantial rights in the premises, the trial court erred in permitting a witness to testify to the legal description of certain real property which was security for said alleged fictitious note.

It appears that, without objection, the witness testified that she was the owner of the real property in question, which, as described by the witness, was identical with the street and number thereon stated by defendant in the negotiations by him for the sale of the note, as representing the property upon which the mortgage was given to…