Bibby

People v. Bibby

Good Law
1891 Cal. LEXIS 1112·91 Cal. 470·27 P. 781
Supreme Court of CaliforniaOctober 1, 1891No. 20798California1,465 words

Opinion

Lead Opinion

Garoutte, J.

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

The defendant was the deputy county superintendent of schools of Fresno County, and the information charged him with forging, uttering, and passing, with intent to defraud the First National Bank of Fresno, a certain writing of the following tenor, to wit: —

*473 The defendant filed a demurrer to the information upon various grounds, which demurrer was overruled; he also moved an arrest of judgment for the same reasons, which motion was denied.

Section 470 of the Penal Code is very broad in its terms, and we think sufficiently broad to include the offense of forging an order of the trustees of a school district upon the county superintendent of schools for a requisition upon the auditor for a county warrant.

Appellant contends that the order is illegal upon its face, for the reason that it does not appear by the information that it was accompanied by a bill of items; that sucli an order is worthless paper, save for the purpose of forming a foundation upon which to issue a requisition to the auditor for a county warrant; and that no…

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