Bernard

Defendant was convicted of the crime of forgery, and upon judgment being pronounced appealed to this court from the judgment and order denying his motion for a new trial.

In apt and sufficient language defendant was charged both with falsely making, and knowing the same to be false and forged, uttering and passing as genuine and true a certain check, which is set out in the information. Both the making and uttering are charged in the information as having been done with intent to defraud one John Ratti, to whom it is alleged the check was passed as true and genuine by defendant.

The check, as set out in the information and as proved, was drawn upon the First National Bank of Oakland, California, for the sum of eighteen dollars, payable to “Frank H. Silva or bearer,” and purported to be signed “Manuel Babtist” as drawer thereof. It also purported to be indorsed on the back thereof “Frank H. Silva.”

The evidence showed that defendant passed the check to John Ratti as true and genuine, and obtained thereon from John Ratti the sum of eighteen dollars. Upon presentation at the bank upon which it was drawn it was not paid, for the reason that no Manuel Babtist had or ever had had an…