Rushing

The defendant was charged in the information with the crime of forgery in having, on the thirty-first day of January, 1899, willfully and knowingly uttered and passed as true and genuine a certain false, forged, and counterfeit power of attorney, with intent to cheat and defraud one Levy. He was convicted and judgment entered accordingly. This appeal is from the judgment and from an order denying defendant’s motion for a new trial.

1. The main point urged upon this appeal is that there is not sufficient evidence to sustain the verdict. It is the settled rule that if the verdict of the jury is based upon substantial evidence it will not be disturbed, although it may not be supported by a preponderance of the testimony. All questions of conflict of testimony and of credibility of witnesses are wisely left to the judgment of the jury, they being the exclusive judges of all questions of fact.

In this case, after a careful consideration of the 'evidence, we think it supports the verdict. It appears that some time prior to the date of the alleged offense one Edwin G'eddes had an account amounting to several hundred dollars with the Fresno Loan and Savings Bank, which afterward…