Maioli

Against defendant an information was filed charging forgery. He was tried and convicted and now appeals from the judgment and the order denying the motion for a new trial.

Defendant issued a check signed “Haioli Bros”, payable to Hector Haioli and indorsed by Hector Haioli. This check was drawn on the Commercial Bank of Patterson and at that time there was an account therein in the name of Haioli Bros. Defendant presented this check to a merchant and received in return merchandise and the balance in cash.

It is urged by appellant upon this appeal that where the offense is forgery of the name of an existing person the People must affirmatively establish first, the signing and passing of the cheek; secondly, the intent to defraud; thirdly, the lack of authority, and fourthly, knowledge of such lack of authority. It is to the proof of lack of authority appellant principally directs his attack upon the judgment.

An official of the bank to which the cheek was directed testified there was an account in the bank in the name of Maioli Bros., and that the signature of either of two certain parties was sufficient to authorize withdrawal of funds therefrom. The name of defendant was, of…