Ellenwood

Defendant Ellenwood was tried upon an information charging him with making and passing a fictitious check with intent to defraud one James H. Doolittle, was found guilty as charged, and sentenced to imprisonment at San Quentin for fourteen years, and he appeals from said judgment and an order denying his motion for a new trial.

Appellant contends that the information upon which he was tried is insufficient in law. Counsel treats it as containing two counts, the first for making a fictitious check upon the Bank of California for the sum of one hundred dollars, payable to the order of Ransom Ellenwood, the appellant, and signed “F. S. Dalton,” with intent to defraud. James H. Doolittle; and the second count for passing it to said Doolittle with like intent. As to the first count, it is contended that the allegation of the nonexistence of F. S. Dalton is insufficient, and, as to the second count, that it altogether omits to allege the nonexistence of Dalton, and that if it charges anything it charges the uttering of a forged instrument under section 470 of the Penal Code.

The first count, after alleging that on the thirteenth day of *168 June, 1896, the defendant, with intent to…