Effman

Defendant appeals from a conviction, after a jury trial, of violation of Penal Code section 470 (forging or passing a forged cheek).

Upon defendant’s request, James D. Walsh, Esq., was appointed counsel to represent him on this appeal. This attorney has advised the court he finds no merit in the appeal. After an independent review of the record, the same conclusion has been reached by the court.

Although no brief was filed, defendant in a communication to the court has made several contentions, principal of which is that there is insufficient evidence to support the verdict. Neither this nor his other contentions can be sustained.

The check in question was passed by defendant at a Treka shoe store. Defendant had made a $74 purchase of boots and clothing. He presented the check, purportedly made by a “Charles Hammond” payable to defendant for the sum of $128.50. To the store manager who was called to okay the check defendant stated (according to the testimony of both the manager and the clerk) that he had worked for Hammond and the cheek was for wages earned. The check was received by the store, the merchandise was delivered and defendant was paid $54.50 in change. The check was…