Whitaker

Appellant and one Leo J. Kiemel were charged by information containing three counts with the crime of forgery, appellant being charged additionally with a prior conviction of the crime of forgery. He admitted the previous conviction but pleaded not guilty and not guilty by reason of insanity on all three counts, which latter plea was subsequently withdrawn. The jury found him guilty on all three counts, pursuant to which judgment was pronounced; thereafter he made a motion for a new trial, which was denied, and he now appeals from the judgment and the order denying the motion for a new trial.

All three counts charged the issuance of forged checks drawn on the Security First National Bank of Los Angeles, Seventh and Witmer branch. The first check was drawn December 2, 1931, to the order of Lewis B. Fisher and indorsed with the name Lewis B. Fisher. The other two checks were drawn the fifth day of December, 1931, to the order of C. 0. Skaggs and indorsed with the name C. 0. Skaggs. The evidence showed that all three checks were presented by Kiemel, who cashed the first one at a meat market and the other two at grocery-stores. Appellant was apprehended on or about January 7, 1932,…