O'Brien

— In May, 1886, J. H. Derevan conveyed to the defendant a tract of land in Modoc County. The defendant erased his own name, “ Denis,” from the deed, and inserted therein “ Mary,” his wife’s name, thus making the deed purport to convey the property to Mary O’Brien, instead of to himself. In this form the deed was, at the request of the defendant, recorded in the office of the county recorder. Thereafter the defendant called upon T. B. Reese, the county recorder, before whom the deed had been acknowledged by Derevan, informed him of the change which he, the defendant, had made, and requested him to change the deed and the record so that both would speak the truth with respect to the transaction. Reese refused to make the changes unless Derevan and Mrs. O’Brien consented thereto. Their consent having been obtained, Reese erased the name “Mary” in the deed and also in the record, and inserted in lieu thereof the name “ Denis ” in each place.

The defendant was convicted of the crime of altering a public record, and was sentenced to serve a term of *174 two years in the state prison. From the judgment, and from an order denying his motion for a new trial, he has appealed.

1. Appellant…