Abrams

— The two defendants, jointly charged in the fourth count of an amended information with having conspired to commit forgery in violation of sections 470 and 472, Penal Code, and to commit the crime of violating section 4463, Vehicle Code, were tried by the court without a jury and found guilty. Defendant Kay was placed on five years’ probation, a condition of which was that he spend 90 days in the county jail. It is from this “judgment of conviction” that he appeals. His codefendant Abrams’ motion for a new trial was denied and he was sentenced to serve a year in the county jail. He appeals from the order and the judgment. The defendants now represented by the same counsel jointly urge two grounds for reversals: That it was error to try them without a jury, and the evidence does not support the convictions in that no intent to defraud anyone was shown.

The defendants were arraigned first on August 10, 1961, and each entered a “not guilty” plea, waived time, and the trial was set for November 6. On that date, an amended information having been filed, they were again arraigned, each pleaded not guilty, each personally and by separate counsel waived a jury trial, as did counsel for…