Okomoto

The defendant having been convicted of the crime of forgery, appeals from the judgment and from an order denying his motion for a new trial.

After the verdict the defendant moved in arrest of judgment on the ground “that the facts stated in the action on file herein do not constitute a public offense.” The information, which accuses the defendant of the crime of forgery, charges that he “did willfully, unlawfully, fraudulently, and feloniously, with intent then and there to cheat and defraud” certain persons, make and forge the name- of T. Yoshimoto to and upon a certain instrument in writing for the payment of money, which said instrument, being a check for $37.50, is set forth in full. It is in favor of G. S. Okomoto, with the signature T. Yoshimoto, and is alleged to bear on the back thereof “G. S. Okomoto.” It is further charged that the defendant “then and there well knowing that the name of said T. Yoshimoto was so falsely made and forged to and upon the said instrument in writing for the payment of money, as aforesaid, did then and there willfully, unlawfully, fraudulently and feloniously utter, publish, and pass the name of the said T. Yoshimoto so falsely made and forged…