Chesney

It was charged by information filed by the district attorney of Los Angeles County that appellant forged the name of one Robert Urban to a cheek for the sum of seven hundred dollars, and that he made the same payable to J. S. Young, indorsed the latter name thereon, and uttered, published, and passed said check with intent to defraud the said Robert Urban and the Security Trust & Savings Bank. A jury found appellant guilty as charged, and he appeals from an order denying his motion for new trial, and from the judgment, alleging insufficiency of evidence, and errors in giving and in refusing to give certain instructions.

It appears that the appellant and said Urban had previously been friends, but that they had not recently met for some time, until shortly before the offense was alleged to have been committed. In March, 1924, Urban testified he received his bank statement and canceled checks, and upon examination of them discovered the check here in controversy, which he immediately returned to the bank-with a protest; he further testified that he did not know Young, had had no dealings with him, and did not sign or issue said check or know of its existence until it came to his…