Baender

The defendant Charles L. Baender was charged by indictment with having knowingly procured and offered for filing in the office of the county recorder of Alameda County a false and forged deed. Upon that charge he was tried and convicted and from the judgment of conviction and the order denying his motion for a new trial he has appealed.

The indictment was drawn under, and the appellant was prosecuted for a violation of, section 115 of the 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 the 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 a felony.”

Section 470 of the Penal Code defining forgery, in so far as it applies to this case, provides that “every person who with, intent to defraud, signs the name of another person, or of a fictitious person, knowing at the time he has no authority so to do . . . is guilty of forgery.”

One of the main contentions of appellant on this appeal is that the deed in question was not a false and forged instrument within the…