Williamson

Appellant was accused by an information filed by the district attorney of the crime of forgery, in two counts, and also with three prior convictions of felony, one of which was afterwards withdrawn and the two remaining were admitted. He entered a plea of not guilty to the two counts of forgery. The jury found him not guilty as to count I, but guilty as to count II. From the judgment of conviction entered on said verdict and from the order denying his motion for a new trial he has appealed.

The evidence as to count II shows that on February 27, 1932, appellant went to the grocery-store of Morris Boguslaw and gave him a check for $25 drawn on the Security First National Bank of Los Angeles, Cahuenga and Hollywood branch, signed “0. Fuller”, and payable to the order of A1 Williamson. This check was given in payment of the bill of one Mrs. Goodhue, amounting to $15, and appellant was paid by Boguslaw the balance of $10 in cash. Appellant’s name was indorsed on the reverse side of the instrument. The check was later sent to the bank and returned unpaid. There was no account in said bank in the name of 0. Fuller during the month of February or at any other time. Police Officer Lynde…