Remsberg

The defendant was convicted of the offense of forgery and appeals from the judgment and an order denying his motion for a new trial.

In support of his appeal the appellant asserts that the evidence was insufficient to warrant the jury in saying that the intent to commit the crime of forgery was present, and also that no forgery was committed because there was no contract which could be the subject of forgery.

The testimony discloses that the appellant and his father-in-law were engaged in the automobile business as partners at Santa Monica doing business under the name of Smith Motors. They had in their employ as a salesman one Earl L. Crane. On March 29, 1927, Earl Crane signed a conditional sales contract in blank, i. e., at the time he signed the paper it did not contain a description of the automobile nor a statement of the terms. He signed the name of Earl Lewis to the paper and said that he had some deals pending which would enable him to pay $600 down. The appellant signed the contract on behalf of the partnership, filled in the description of a 70 Chrysler sedan and the terms of $600 down and 12 monthly payments of $109.37, took the contract to one Claude Haworth, who…