Bird

Defendant appeals from a judgment upon a verdict convicting him of forgery, and from a refusal of a new trial. Defendant was employed as clerk by G. J. Griffith, and is prosecuted for forging his employer’s name to a .check on the First National Bank of Los Angeles for two hundred dollars, with intent to defraud Griffith and the bank. <■

It was proved that defendant presented the check to the bank; and obtained the money thereon, and Griffith testified that he, the witness, did not draw the check and had not authorized defendant to do so; and, further, that the money drawn was not used by him, Griffith, or for his benefit. On the other hand, Grove, the bank teller who paid the check, and Mr. Hammond, the assistant cashier of the bank, both testified that in their opin.ion the check was genuine.

There being, then, a conflict as to whether the check was gen-mine or not, the prosecution introduced a number of checks, drawn in the name of Griffith on the same bank, which he swore were forgeries, and had been paid, to his damage in the sum of .ábput twelve hundred and fifty dollars. There was no evidence -•..whatever tending to connect Bird with these forgeries—if they were such. A…