Trombino

Defendant was charged in count I with forgery of a fictitious name (Pen. Code, § 470), and in count II with assault with a deadly weapon (Pen. Code, § 245). One prior was alleged. Defendant pled not guilty; trial by jury was duly waived; the cause was submitted on testimony contained in the preliminary transcript, subject to the trial court’s rulings. The court found defendant guilty as charged. The prior was found to be true; probation was denied and defendant was sentenced to state prison with sentences on both counts to run concurrently. Defendant appeals.

On March 25, 1965, defendant opened a checking account in the amount of $50 cash at the Bank of America in Beverly Hills, under the name of Arne Bedrosian. On the same day he deposited in this account a counter check for $585, drawn on the Security First National Bank, Hillcrest Branch, in San Diego. The cheek dated March 21, 1965, was payable to Arne Bedrosian, and was purportedly signed by a Herman Connolly as maker.

Mr. Arnold Morss, an assistant manager of the Hill-crest Branch of Security First National Bank in San Diego, had occasion to check the books and records in his capacity as an assistant manager; he determined…