Cicchitti

The defendant was convicted of grand theft. The offense was accomplished by procuring one Joe Chettero, by means of fraud, to sign a note for $3,379.80 with the defendant as co-maker thereof. The prosecuting witness, Chettero, was unable to read or write beyond the ability to sign his own name. The defendant falsely represented that he wanted to secure an indorsement of his reputation for the purpose of establishing a business at Los Banos. He said: “It won’t hurt you to sign this paper, it don’t mean nothing, it is a matter of reference,” or “It is for a recommendation.” The note was thereupon signed by Chettero on the face thereof as a co-maker. He could not read the document. He did not know it was a note and he signed it believing that it was a mere indorsement of the reputation of the defendant. The note was executed and delivered to Frederick Vincent & Company, the payee thereof, at -San Francisco, as payment of indebtedness due from the defendant. At the time the defendant signed this note in the office of Mr. Vincent, the attorney for said payee, he volunteered to secure “two . „ . financially responsible comakers on the note.” Chettero did not learn that he had been…