McPherson

Appeal from a judgment upon conviction of forgery, and from an order of the trial court denying defendant’s motion for a new trial.

The information is attacked by demurrer and the same objections are urged upon motion in arrest of judgment. The other errors assigned by appellant, and upon which he bases his appeal from the order denying his motion for a new trial, are: (1) The introduction of evidence tending to show that the defendant had committed another and different crime; (2) the reopening of the ease to permit the prosecution to introduce additional evidence after the people had rested and the defendant moved to dismiss the action; and (3) the refusal of the court to give certain instructions requested by defendant.

The attorney general objects to the consideration of the ruling of the court on the demurrer to the information, because no bill of exceptions appears in the record preserving the exceptions to the ruling and identifying the papers used upon the hearing. This objection is based upon the decision of the supreme court in People v. Long, 121 Cal. 494 , [ 53 Pac. 1097 ], subsequently followed by the appellate court in two cases. (People v. Druffel, 3 Cal. App. 731…