Staigers

The appellant was charged and convicted of the crime of forgery, thereafter moved for a new trial, which was denied, and appeals from the judgment and from the order denying such motion. The specific acts upon which appellant was charged with having committed the offense mentioned, consisted of the alleged preparation in pencil of a letter, to which he obtained the signatures of his employers on April 23, 1927, which writing he later erased, writing in lieu thereof with typewriter, upon the same paper and over said signatures, a contract of employment at a stated salary and commission, and which such contract Staigers subsequently attempted to enforce by an action in the superior court.

It is first contended upon this appeal, and was urged as a ground of motion for arrest of judgment, that appellant was erroneously prosecuted for forgery under the provisions of section 470 of the Penal Code, and that the offense, if any, should have been charged under section 134 thereof. It is provided by section 470 that:

Section 134 of the Penal Code reads as follows:

It is to be observed at a glance that appellant was not charged with having prepared a false paper or instrument in writing…