Dole

The defendant has been convicted of the crime of forgery, in raising the amount of a check from $2.50 to $850, and also forging certain indorsements thereon, with intent to defraud the State Loan and Trust Company. He is also charged with uttering the check as forged, with intent to defraud said loan and trust company.

1. The demurrer to the information was properly overruled, and likewise the objections to the admission of the check in evidence. There were some differences disclosed between the check set out in the information and the one introduced in evidence, but those differences were slight, and in no degree so substantial as to justify the rejection of the check in evidence by reason of the variance.

2. The defendant testified in his own behalf, and explained his connection with the check by stating that he won it from one Adams in a game of cards at Los Angeles city. He further testified that he was subsequently arrested in the city of San Francisco for the crime here charged. Upon cross-examination he was asked if he ever stated to the arresting officer, or to the officers of the Los Angeles jail, who held him in custody subsequent to his arrest that he obtained the…