Hansen

This is an appeal from a judgment and an order denying defendant’s motion for a new trial. The defendant. was charged with the crime of forgery by an information containing two counts. The first count alleges that the defendant did make, utter, forge, and counterfeit a deed dated September 18, 1919, to a certain piece of land in Orange County, with intent to defraud one T. R. KZinmounth. By the second count the same charge is made except that the deed said to have been forged is dated October 15, 1919.

On the trial T. R. Kinmounth was called as a witness and testified that he was the owner of the property described in the deeds set up in the information, having received title thereto from the estate of one Murphy in 1890, and that he had paid all taxes ever since that date; that he Avas a nonresident of California and had not been in this state for more than thirty years; that he had never signed a deed of this property to Samuel Hansen and did not know the latter; that he was a married man, although both of the deeds recited the fact that he was single. It was shown that the purported deeds as set out in the information from Kinmounth to Hansen appeared to be acknowledged before…