Sanders

— The defendant was convicted of the crime of forgery upon an indictment charging that jointly with James Cosgrove and Charles Lovett, on or about the twenty-second day of November, 1926, she wilfully, unlawfully, etc., with intent to defraud one D. B. Curry, did make and execute as true and genuine a certain check and instrument of writing, in the following words and figures, to wit:

Her motion for a new trial being denied, the defendant appeals therefrom and from the judgment of conviction.

Three grounds for reversal are alleged: 1. That the indictment does not set forth facts sufficient to constitute a public offense; 2. That the court erred in ruling upon the admission of testimony; and 3. That the court erred in its instructions to the jury.

The first allegation of error is based upon the fact that the indictment does not charge that the name of W. D. Lovett was fraudulently or otherwise forged or indorsed upon said check and that, therefore, it fails to allege facts sufficient to constitute an offense. In support of this contention two cases are relied upon by the appellant: People v. Cole, 130 Cal. 13 [ 62 Pac. 274 ], and People v. Thornburgh, 4 Cal. App. 38 [ 87 Pac.…