98 Cal. App. 2d 137 | Cal. Ct. App. | 1950
Appellant was charged with the crime of forgery. He was tried by a jury and convicted. He appeals from the judgment and order denying his motion for a new trial.
When this proof had been given, an extrajudicial statement of appellant was admitted over his objection that the corpus delicti had not been proved. Appellant told the officer that he had endorsed the check; that it had been written in his presence by a man he did not know; that he and the writer had taken the check to Rabbiosa’s store where he attempted to cash it; that after calling the bank the storekeeper told him there were no funds in bank under the drawer’s name; that the two men then returned to Modesto and he told his companion the market where the check was cashed would probably cash it; that his companion went in and cashed it; that appellant received $26 of the amount derived. Appellant did not testify.
Appellant first contends that the evidence did not
Appellant next contends that the evidence as a whole was not sufficient to support the verdict. Specifically, appellant says there was no proof that he aided and abetted the commission of the crime. This contention likewise cannot be sustained. Appellant himself attempted to cash the check and then learned, if he did not know it before, that it was spurious. After receiving this information appellant continued his travels with his companion, gave the check to him and suggested the very market where the check was successfully passed as a good place to try. Appellant accepted part of the proceeds. There was other evidence from which the inference
Appellant complains of the refusal of the court to give cer- . tain instructions he requested and of certain modifications by the court of other instructions requested, which, as modified, the court did give. We have carefully considered these claims of error and the whole charge as given, and find no error. We think it unnecessary to discuss these contentions of appellant more specifically. We find the jury to have been fully and fairly instructed as to all essential matters.
The judgment and order denying new trial are affirmed.
Peek, J., and Adams, P. J., concurred.