Keller

Appellant, together with Fred L. De-Liden and Robert Kalter, was charged by information in four counts, with crimes separately stated in the several counts. As appellant was acquitted on counts III and IV, they require no consideration here. Count I charged conspiracy to commit forgery in that the several defendants conspired together to commit the crime of forgery, and that pursuant thereto defendant DeLiden did make, forge and counterfeit a certain check and order in writing for the payment of money, and did then and there utter, publish and pass the same, etc. Count II directly charged the defendants with the crime of forgery of the same check described in count I. The defendant DeLiden pleaded guilty under count I, and the other counts were dismissed as to him. Both Keller and Kalter were convicted on counts I and II. Keller alone appeals from the judgments pronounced against him, as well as from the order denying his motion for new trial. The further proceedings against Kalter, whatever they may have been, are not shown in the record here.

It is contended (brief, p. 183), that the court erred to the prejudice of appellant in overruling his objections and admitting in…