Munroe

The defendant was convicted of forgery, and this appeal is from the judgment and from an order denying his motion for a new trial. Appellant’s principal contention is that the information does not state facts which constitute a public offense, for the reason that the forged instrument would, if it were genuine, be void upon its face. Said instrument is as follows:

The information charges that defendant forged said instrument with intent to defraud one J. W. Jackson, to whom he transferred it by indorsement.

*68 It is well settled in this state and elsewhere that the indictment or information must show that the forged instrument is such that, if genuine, it could be made available in law to work the intended fraud or injury; that, if it is a nullity upon its face, no case is made, unless by averment it can be shown how it could be made to operate injuriously or fraudulently: People v. Tomlinson, 35 Cal. 506 ; People v. Ferris, 56 Cal. 445 ; Ex parte Finley, 66 Cal. 262 , 5 Pac. 222 . It is also well settled that the unearned salary of a public officer is not assignable, because against public policy, and that any instrument intended to operate as such assignment is void: Bangs v.…