People v. Arlington

Good Law
123 Cal. 356·1899 Cal. LEXIS 1075·55 P. 1003
Supreme Court of CaliforniaJanuary 20, 1899Crim. No. 468California666 words

Opinion

Lead Opinion

Garoutte, J.

Defendant has been convicted of making and uttering a fictitious order for the payment of money. Objection is now made for the first time to the sufficiency of the allegations of the indictment. ' The pleading appears to have been drawn with great care, and we find no substantial objection to it. The indictment charges the order to have been uttered to Charles Johnson with intent to defraud the United Carriage Company. It is now claimed that there should be some showing by the pleading that Johnson was in some way connected with this carriage company. We see no reason why such a showing could not be made by the evidence if it were necessary. But the statute says if the defendant utters the writing with intent to defraud any person he is guilty of the crime, and it would seem that the allegations of the indictment fully satisfy the requirements of the statutes.

Under objection, the court admitted the evidence of a detective and a policeman, to the effect that the defendant, upon occasions prior to the making and the passing of the order here involved, had gone under assumed names and had been arrested for drunkenness. We know of no law justifying the admission of this evidence and…

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