Owens

Defendant appeals from a judgment of conviction entered on a jury verdict finding him guilty on two counts of forging and uttering bad checks in violation of section 470 of the Penal Code. He argues that the evidence is insufficient to corroborate the testimony of the accomplice; that the court erred in certain rulings on the evidence, and failed to instruct the jury on the effect of involuntary participation by an accomplice.

The facts are not in dispute. Defendant and Maria Giamoyris were charged by information with forging and uttering two bad checks: one for $67.90, signed by “Betty Bianchi"’ ’; the second for $27.98, signed by “Angelina Hubner.” Maria Giamoyris pleaded guilty to both counts and then testified against the defendant.

Betty Bianchi, an employee of the Owl Drug Company at Mason and Market Streets in San Francisco, had her check book and other personal items stolen from her locker on June 17, 1957. She knew Maria Giamoyris as a fellow employee. On June 25, 1957, the defendant and Maria Giamoyris entered George’s Inc. on Market Street, and selected some clothes for the defendant. When the salesman told the defendant the amount of the bill, the defendant motioned…