Russell
People v. Russell
Opinion
Lead Opinion
Shinn, J.
Jointly charged with one Sheremeta, Marie Jane Russell was convicted in a non jury trial of three offenses of forgery; the case was tried upon the evidence adduced at *223 the preliminary hearing. Appellant did not testify or offer other evidence. She applied for probation, which was denied, was sentenced to state prison and appeals from the judgment.
Evidence was produced of the following facts. Three checks in the amounts of $12.27, $27.50 and $15.20 were cashed at the 508 Club operated by Moorpark Enterprises. They were made payable to one Sheremeta, who was given the amounts of the several checks when he endorsed and presented them to employees of the club. The checks bore the purported signature of Leonard Klassen as maker. Klassen testified that he did not sign or authorize the signing of any of the checks. A fourth cheek for $200, purportedly signed by Klassen, named one Ayers as payee. All four checks were received in evidence.
Klassen testified that one evening he was drinking in company with appellant. Later he engaged a room in a hotel, placed a book of blank checks under the mattress and went to sleep. In the morning his money was gone and the blank checks also were…