Collins

People v. Collins

Good Law
1908 Cal. App. LEXIS 77·9 Cal. App. 622·99 P. 1109
Court of Appeal of CaliforniaDecember 31, 1908Crim. No. 106.California688 words

Opinion

lead Opinion

Taggart, J.

Appellant' was convicted of the crime of forgery. The information charged the offense to have been committed by altering and changing from $1 to $10 a certain due bill, writing obligatory and clearing-house certificate issued by the Los Angeles clearing-house; and the form of the verdict of the jury was guilty as charged.

It is contended in support of this appeal (1) that the instrument alleged to have been forged is void; and (2) that the information charges both forging and uttering of a forged instrument, and that a verdict of guilty as charged leaves in doubt the question which of the two crimes was committed.

It is not necessary to pass upon the question of the legality or illegality of the “scrip” issue in order to sustain the judgment from the first attack. As said by the supreme court of this state in People v. Munroe, 100 Cal. 664, 670 , [ 38 Am. St. Rep. 323 , 35 Pac. 326 ]: “As to what contracts are against public policy, or ultra vires, or void as creations under unconstitutional statutes, we think matters entirely foreign to a prosecution for forgery. In the examination of such grave and abstruse questions, the criminal element of the case would soon be lost to…

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