In Re Valencia
Opinion
Lead Opinion
Conrey, J.
The petitioner Valencia is in custody pursuant to a warrant issued by the justice of the peace of El Centro township, in the county of Imperial. A complaint had been filed, charging that defendant Valencia had committed the crime of forgery, with intent to defraud one Luis Sanchez. After examination before the magistrate, defendant was held to answer to said charge.
Petitioner contends that the evidence produced before the magistrate was not legally sufficient to establish the fact that there was probable cause to believe him guilty of the crime charged and to which he is held to answer.
From the evidence produced before the magistrate it appears that a pay-roll voucher of the Southern Pacific Company, a corporation, was issued and delivered to its employee Luis Sanchez, payable in the sum of $10.27 when properly indorsed by the payee. This voucher was lost by Sanchez or was stolen from him. According to some of the testimony, the voucher came into the hands of Valencia, who turned it over to one Reynosa, with instructions to cash it. Reynosa indorsed upon the voucher not the name “Luis Sanchez,” but the name “Luis Gonzales.” With this paper so indorsed he succeeded in…