Lundin

Defendant has been convicted of forgery. The paper forged was a check payable to “John Nelson or bearer,” and signed “John F. Johnson.” It was indorsed upon the back “John Nelson.” The defendant in company with two others presented this check to Mrs. Emma Dorn, the owner of a restaurant and saloon, as the purchase price for a one-half interest therein. John Nelson, one of the three parties, was to be the part owner under the purchase.

There was sufficient evidence introduced at the trial to justify the jury in finding as a fact that this defendant wrote the check. Three men were placed upen the witness stand and testified that their names were John F. Johnson. Two of them testified that they did not know the defendant. The third testified that *310 he had known him for several years, and that in the past some-business transactions had taken place between them. He further testified that he never signed the check nor authorized the defendant to sign his name thereto. Hpon the former appeal in this case (People v. Lundin, 117 Cal. 124 ) it was held that this evidence was sufficient to justify the jury in finding that the name of this last-mentioned John F. Johnson was the name…