Elliott

— The defendant was convicted of the crime of forgery, and appeals to this court from the judgment and order denying his motion for a new trial.

*587 He was charged by the information with forging a certain check signed “ A. E. Rice & Co.”

The evidence in the case was as follows:—•

1. At the time the defendant procured money upon the check he stated that “Red Rice,” who was engaged in the furniture business at the city of Los Angeles, gave him the check as the result of a transaction in furniture.

2. “Red Rice” testified that"his name was Edwin A. Rice; that at the time of the alleged forgery he had a partner, and the name of the firm was Rice & McKee; and that he did not sign the check or authorize it to be signed.

3. The confessions of the defendant that he forged the check.

It is elementary law that the defendant cannot he convicted upon his confessions alone, and in this case there is no evidence whatever as to the non-existence of such a firm as “A. E. Rice & Co.,” and non constat but there was such a firm and the check was genuine. If we assume that there was such a firm in existence, then the judgment must be reversed, and a new trial ordered, by reason of the…