Laird

Defendant was convicted of the crime of forgery, and was sentenced to imprisonment for one year at San Quentin. The appeal is from the judgment and from an order denying motion for new trial. The alleged forgery was of the following check:

Defendant bought a bill of goods from Cline Brothers, in Los Angeles, amounting to about four dollars, and presented this check in payment, and was paid the difference in money; he *292 gave a certain number and street to which the goods were to be sent; no such number could be found, the place indicated being an unimproved part of the city, and the goods were returned to the store. At the time he presented the cheek defendant stated to one of the witnesses that “he got the cheek from a man in Pasadena; he said he had been working for Mr. Clark in Pasadena.” Another witness testified as follows: “I asked him where he got the check, and he said he got it from a party in Pasadena whom he had worked for. He said that he received it from a party in Pasadena in payment for some work.” It was shown at the trial that no person of the name of A. B. Clark had an account at the California Bank, or any money there to his credit. One Abbott B. Clark, who…