Elphis

This is an appeal by the defendant from a judgment of conviction on a plea of guilty. The charge is that the defendant, at the time and place alleged, did “feloniously, willfully and unlawfully, falsely utter and pass to *151 one Louis Grunauer a certain false, forged and counterfeit cheek as a true and genuine check of one F. C. Wright on the First National Bank of Fresno .... for the payment of thirty-eight dollars which aforesaid check then and therein the words and figures, to wit: ‘Fresno, Nov. 15, 1901. No. 24. The First National Bank pay to the order of J. H. Wilder, thirty-eight $38.00 dollars. [Signed] T. C. White. Endorsed, J. H. Wilder.’ Contrary,” etc.

It is admitted that the information is fatally defective because it neither charges the intent to defraud any person, nor that the defendant at the time knew that the check was false and forged: People v. Mitchell, 92 Cal. 590 , 28 Pac. 597, 788 ; People v. Turner, 113 Cal. 278 , 45 Pac. 331 ; People v. Smith, 103 Cal. 563 , 37 Pac. 516 . It appears from the record that the defendant is in custody. Section 1262 of the Penal Code provides that, “if a judgment against a defendant is reversed without ordering a new trial,…