King

Defendant was convicted of the crime of forgery, and appeals from the judgment and order denying his motion for a new trial. The point most earnestly urged as ground for reversal is that the court erred in overruling defendant’s demurrer to the information. The information charges that on the fifteenth day of August, 1898, in the county of San Joaquin, the defendant knowingly, feloniously, and with intent to defraud and damage one Mrs. Ewing, did falsely make, forge, and counterfeit the name of Mrs. E. M. Carson to a certain check, which check is fully set out in the information and is for the sum of fifteen dollars, drawn upon Wells, Fargo & Co.’s Bank. That the defendant on said day did willfully, knowingly, and falsely utter, publish, and pass as true and genuine the said check with intent to damage and defraud the said Mrs. Ewing, the defendant well knowing at the time of so uttering and passing the said check that the same was false, forged, and counterfeit. It is urged that the first part of the information charges the forging and counterfeiting of the name only and not of the instrument. Section 960 of the Penal Code of this state reads as follows: “Mo indictment or…