Whiteman

The defendant was convicted of forging and of uttering a check which purported to be the check of one Frank Dixon. The check as described was drawn in favor of defendant upon the Traders’ and Importers’ Bank of New York. The appeal is from the judgment and an order refusing a new trial. '

The first point made by the appellant is that the court erred in admitting in evidence1 the protest which accompanied the check which it is charged was forged and uttered by the defendant. It is not seriously denied that this ruling was error, but it seems impossible that injury could have resulted therefrom to defendant. The only materiality in the evidence, and the only way in which injury could have resulted, is that it tended to show that the check was not paid upon presentation in New York. But this was never a fact in controversy. It was proven in many ways, and was admitted by the defendant.

The next point relates to the admission of four other checks which there was evidence tending to show defendant negotiated, and upon which he obtained money, and which were not paid by the drawees. They were each objected to as incompetent, irrelevant, and immaterial, and also upon the ground that…