Vuksanovich

This is an appeal by the People from an order of dismissal following a Penal Code section 995 motion. Defendant had been charged with embezzlement ($117,666.34) from Saint Sava Serbian Church and three counts of forgery. This appeal is limited to the dismissal of the forgery counts II, III and IV. Since one issue is as to the declared unfairness of the preliminary hearing, consideration of evidentiary rulings, or lack thereof, pertaining to the embezzlement charges is necessary.

The facts as shown by the preliminary hearing are that defendant was the financial secretary for the church for several years. The church *67 had a monetary system wherein persons other than defendant participated in the collection and accounting of church funds from such enterprises as bingo, hall rentals and contributions. Considerable sums were amassed from the church activities and the funds were at first placed in the church safe along with a tab of the totals. Defendant would then pick up the funds from the safe, apparently satisfying himself as to the correctness of the totals and then make the deposits into certain bank accounts. The system was later changed so as to permit night deposits…