Sindici

This is an appeal from the judgment and from an order denying defendant’s motion for a new trial upon conviction of forgery.

The defendant was charged with having forged the name “L. Corvina” as an indorsement upon a pay cheek of the California Packing Corporation purporting' to have been issued on the nineteenth day of April, 1919, to L. Corvina in the sum of $21.55. The information also charged the defendant with having uttered and passed the alleged forged instrument, 'but there was no evidence to support this portion of the charge, and the court so instructed the -jury. Thus the only issue finally submitted to them was as to whether or not the defendant forged the above-mentioned indorsement.

The defendant at the time of the alleged forgery was employed as a timekeeper at the North Beach plant of said California Packing Corporation. There were also employed at the same time and place Elia Calpestri as bookkeeper, and one Guiseppe Binando as assistant timekeeper; and the evidence tended to show that the forgery was the result of a conspiracy between these three persons to defraud said corporation. It appears that they placed upon the company’s pay-roll fictitious names,…