148 Iowa 146 | Iowa | 1910
The evidence for the prosecution tended to show that on March 13, 1909, the defendant offered as genuine to the Yim Company, a check on the People’s Savings Bank, for $Y, purporting to be signed by the Des Moines Dye Works and indorsed by Prank Mead, and received the amount of money called for by such check. The evidence tended to show that the entire check with the indorsement was forged by the defendant in pursuance of a general plan and conspiracy between defendant and one Hartshorn to make and pass forged checks for small amounts for the purpose of obtaining money thereon.
2. 2. Same: actdofcoconspirator. II. Over objection for the defendant, the .prosecution was allowed to show that another check forged by defendant was passed by Hartshorn on another company. In view of the evidence tending to show a com-o mon pl'an and conspiracy between Hartshorn an¿ ¿eferL¿ailt †0 pass forged checks, this evidence was admissible as against defendant. It is not necessary to cite authorities in support of the general proposition that, where the .intent is material, other acts of the same character tending to show a common purpose and design to defraud may be proven, although such acts were committed by a co-conspirator. No authorities are cited for appellant sustaining the proposition made in his behalf, and we do not find it necessary to enter upon any elaboration in regard to a well-settled rule of evidence.
There was no error in refusing to strike out the testimony which had been given in response to defendant’s own cross-examination.
There is no error in the record, and the judgment is affirmed.