Kuhn

Defendant was convicted of the crime of forgery and sentenced to a term of imprisonment. He appeals from the judgment and from an order denying his motion for a new trial.

It was charged by the information that the defendant forged the name of G. W. Dewey to a check for the sum of $25, drawn on the Farmers Exchange National Bank of San Bernardino. The defendant did not deny having drawn the check, and did not deny having signed the name of Dewey thereto. He claimed in his defense to have obtained some authority authorizing him so to do, although he did not'assert that this authority expressly authorized him to draw checks, but rather that he was authorized to do business for Dewey. In the city of San Bernardino Dewey owned a furniture business which was conducted by an agent named Lipphard. Dewey lived in the city of Los Angeles. Lipphard had full control of the business in San Bernardino, including the making of deposits of money in bank, and drawing checks thereon. Such checks were drawn in the name of Dewey with the initials of Lipphard following the signature. The defendant had made some collections and attended to, the sales of some merchandise on behalf of the Dewey store…