Sander

Appellant was convicted in the superior court of the county of Alameda, in the state of California, of a violation of section 476 of the Penal Code. This section is as follows:

“Every person who makes, passes, utters, or publishes, with intention to defraud any other person, or who, with the like intention attempts to pass, utter, or publish, or who has in his possession, with like intent to utter, pass, or publish, any fictitious bill, note, or check, purporting to be the bill, note, or check, or other instrument in writing for the payment of money or property of some bank, corporation, copartnership, or individual, when, in fact, there is no such bank, corporation, copartnership, or individual in existence, knowing the bill, note, cheek, or instrument in writing to be fictitious, is punishable by imprisonment in the state prison for not less than one nor more than fourteen years.”

The charging part of the information is as follows:

“The said A. A. Sander, prior to the time of filing this information, and on or about the 8th day of April, A. D. nineteen hundred and twenty-one, at the said county of Alameda, state of California, did then and there willfully, unlawfully,…