Brierton

By a grand jury indictment of three counts the defendant was charged with the offense of forgery of indorsement and with two separate acts of grand theft. Count I charged him with forgery of indorse-' ment of the name of Alta B. Vail to a certain draft or check in the sum of $1800.63 with the intent to defraud her and the Security First National Bank and the United States First National Bank of Los Angeles. Count II accused defendant of the theft of the $1800.63 represented by the said cheek from said United States First National Bank, and count III alleged that he stole the check itself from the said Alta B. Vail. He was convicted by a jury of the offenses charged in the first and third counts, but was acquitted as to the second. From these judgments of conviction and the order denying his motion for a new trial the defendant prosecutes this appeal.

The prosecution in order to support the various allegations of the indictment was required to rely upon the testimony of the prosecuting witness, Alta B. Brierton, the wife of the defendant. Her testimony, pertinent to the inquiry here, and which is somewhat unusual, discloses the following facts: At the times alleged in the…