People v. Smith

Defendant was convicted of the crime of forgery, and appeals from the judgment and from an order denying a new trial. There were two counts in the information filed against him. In the first it is charged he did, on or about November 6,1893, willfully, unlawfully, knowingly, and feloniously, and with intent then and there to defraud, prejudice, and damage E. S. Southerland and the Santa Rosa Bank (a corporation, etc.), falsely make, forge, and counterfeit a certain check in the words and figures as follows, to wit:

1The second count charges that defendant did thereafter and on the eighth day of November, 1893, “utter, publish, and pass, as true and genuine, a certain forged, false, and counterfeit check, which said check was the same check referred to in the first count of this information, which check is in the words and figures as follows.” Then follows a copy of the check precisely as in the first count, “with intent thereby to prejudice, damage, and defraud the said E. S. Southerland and the said Santa Rosa Bank.” The information closes in the usual form.

It will be perceived the second count fails to aver that the defendant passed as true the check “knowing the same to be…