Ex Parte Floyd

On the twenty-eighth day of September, 1907, a complaint was filed in the police court of the city and county of San Francisco, charging the defendant with “Attempt to make, alter, forge and counterfeit a certain instrument and duebill for the payment of property, in the words and figures following, to wit: that the face of said instrument and duebill was figures, to wit: ‘Good for one 12%e cigar at any of our stores on the Pacific Coast. M. A. Gunst & Co. ’ ’ ’

An examination was held by a magistrate of said police court, and defendant was held to answer to the superior court for the crime of “Attempt to commit forgery.”

Pie now applies to this court to be discharged upon the ground that the evidence taken before said magistrate does not show that any public offense has been committed.

The evidence is before .us with the petition, and shows the facts to be as follows:

The prisoner had for some time prior to May 31, 1907, been in the employ of M. A. Gunst & Co., dealers in cigars and tobacco in the city and county of San Francisco. About the 25th of September, 1907, he went to the place of business of one Lyons, a publisher, and after some conversation as to printing gave…