Bendit

The defendant was convicted of forgery, and appeals from the judgment and from an ■order denying a new trial.

The information charges that appellant on July 30, 1894, did unlawfully, feloniously, falsely, etc., and with intent to defraud, “make and forge a certain instrument in writing, in words and figures following, to wit:

It further charges (in brief) that on said July 30th he willfully, fraudulently, etc., passed the said instrument “ as true and genuine,” to one J. Doming, with intent to defraud G. W. Hume and J. Doming, doing business under the firm name of G. W. Hume & Co. The instrument is admitted by appellant to be a receipt for *276 money, although there is nothing on its face which acknowledges such receipt.

We do not deem it necessary to consider the points made by appellant that the information is insufficient, and that material errors were committed by the court in rulings upon the admissibility of evidence, for in our opinion there was no evidence sufficient to establish the crime of forgery. There was a conflict of evidence as to whether appellant was the person who did the acts testified to by the witnesses for the prosecution; but assuming that plaintiff was…