Gann

Defendant was charged, in four counts, with forgery, and in one count with burglary. He admitted allegations of the information that he had been convicted twice previously of felonies (larceny of automobile, and forgery). In a jury trial he was convicted on the five counts. He appeals from the judgment and the order denying his motion for a new trial.

Appellant contends that the evidence was not sufficient to support the verdicts; and that there was misconduct of the deputy district attorney.

Each of the four forged cheeks herein was written on a form of check bearing the printed name “Glendale Mattress Company” as the name of the company for which the check was drawn. Under that name, on each check, appeared the name “Robert James,” in handwriting, as the name of the person who drew the check for the company. Each check had a printed number on it, designating the number of the check. Each cheek was payable to Tony Fontana.

The check, involved in count 1, was dated February 21,1958, and was for $76.24. Mr. Groomes, a clerk at a food market, testified that appellant presented that cheek to him, at the market, about February 21, 1958; the witness marked the check “O. K.” in the…