McWilliams

The defendant was charged in the first count of the information with the crime of forgery of a certain check or draft and in the second count thereof with the crime of issuing a check without sufficient funds. The check which is the basis of the charge contained in the second count is the same instrument which is charged to have been forged by the defendant in the first count. Included in the information is a charge of prior conviction of the crime of grand larceny committed in the state of Louisiana. When arraigned upon the information the defendant pleaded not guilty of both offenses charged in the information and confessed the prior conviction. Upon the conclusion of his trial he was found guilty of the crime of forgery “as charged in the first count of the information” and was sentenced to a term of imprisonment at the state prison at Folsom. From the judgment of conviction thus rendered and from the order of the court denying his motion for a new trial defendant prosecutes this appeal.

The principal contention made by appellant is that the court erred in admitting in evidence a certain extrajudicial confession without sufficient proof of the corpus delicti having been…