Alden

J. — The defendant was convicted of forgery, and appeals from the judgment and from an order denying his motion for a new trial.

The evidence warranted the jury in finding these facts: That appellant unlawfully got possession of a certain certificate of deposit for one hundred and forty dollars, made by the California Savings and Loan Society, and payable to the order of Charles R. Woodward, on the return of the certificate properly indorsed; that he falsely and feloniously, and for the purpose of fraudulently procuring the money mentioned in said certificate, forged on the back thereof the name Chas. R. Woowared; that he then gave the certificate thus in appearance properly indorsed to an acquaintance named Perrine, who was in the employment of Armes & Dallam, a business firm in San Francisco, and asked him to get it cashed as he (appellant) did not want to lose time; that he told Perrine that the money was his, but had been paid to Woodward for him, and Woodward had deposited it and took a certificate in his (Woodward’s) own name, and had indorsed it; that Perrine turned it over and saw that it was indorsed, but did not notice the difference in spelling between the name…