Lapique

The defendant was convicted of forgery, and sentenced to nine years in the state prison. He appeals from the judgment and from an order denying his motion for a new trial.

1. Appellant contends that the information is insufficient, and that the demurrer thereto should have been sustained. The information charged defendant with forging an instrument in writing consisting of a promissory note for $800, purporting to be executed to one Louise Lagarde by one Maysounave, with intent to defraud the said Maysounave. *832 The information further charges that defendant forged the indorsement of the name “Louise Lagarde” on the hack of said instrument in writing, and also, with intent to defraud said Maysounave, uttered, published and passed said forged instrument as true and genuine. It is conceded that this information charges but one offense: People v. Leyshon, 108 Cal. 440 , 41 Pac. 480 ; People v. Dole, 122 Cal. 486 , 68 Am. St. Rep. 50 , 55 Pac. 581 . It is contended, however, that the information must, for the purpose of determining the sufficiency of its allegations, be treated as if it was intended to charge three distinct offenses—the first being the forgery of the note; the…