Ballas

The defendant was convicted in the su-

perior court of Yolo County of the crime of forgery and prosecutes this appeal from the judgment and from the order denying his motion for a hew trial.

The principal ground relied on for a reversal is that the crime, if any, was committed in Contra Costa County, and that, therefore, the superior court of Yolo County was without jurisdiction. The defendant was charged with uttering a cheek which had been raised from sixty-five cents to sixty-five dollars. The question for determination is whether the check was uttered in Yolo County.

The check was drawn on the First National Bank of Woodland, Yolo County, by Jessa Dunsmore. The defendant presented the raised check to the Bank of Martinez in Contra Costa County and that bank credited the amount thereof to the defendant’s deposit account and mailed the instrument to its correspondent in San Francisco. In due course the check was presented to the First National Bank of Woodland and paid, the amount thereof being charged to the account of the drawer. There was no understanding between- the defendant and the Bank of Martinez that the latter was to take the check for collection merely, but it was…