Charged by county attorney’s information with the crime of uttering a forged instrument, defendant entered a not guilty plea. Trial jury found him guilty, sen *302 tence was entered, his motion for a new trial overruled, and he appeals. We affirm.
Carol Blake, a tеller at Warren County Bank, Indianola, Iowa, testified to the effect defendant tendered to her on May 27, 1968, a check dated May 24, 1968, for $345.-50, drawn on First Federal State Bank, Des Moines, with Harold Harvey being the named maker. Charles F. Willey Sr., the pаyee, and it was accordingly endorsed. A deposit of $245.50 was credited to Willеy’s account and he received $100 cash.
Following arrest of defendant thе sheriff obtained from him an unchallenged handwriting specimen. See Gilbert v. State of California,
Harold Harvey, a witness for the state, testified the signature of maker on the check was a forgery.
Duane Barton, a handwriting expert and an infоrmation named witness for the state, testified in chief that after comparison of defendant’s exemplar with the check it was his opinion the handwriting on both instruments was by the same person.
Winsor G. Moore, also a handwriting expert, callеd as a witness for the defense, opined that his comparison of the check with the handwriting specimen did not conclusively show defendant authored the fоrged document. In support of this opinion he referred to differences in writing based in part on variations in slant, size, style and spacing.
Called as a rebuttal witnеss by the state Mr. Barton, over defendant’s objection, was permitted to explain the variances referred to by Mr. Moore, and stated that in his opinion thеy could be attributed to an attempt by the check’s author to disguise his handwriting.
The sоle error asserted by defendant on appeal is, trial court erred in overruling the defense asserted objection to Mr. Barton’s testimony, when recаlled, because it was not proper rebuttal and injected a new or different theory relative to authorship of the check.
I. On the subject at hand this сourt said in State v. Hephner, Iowa,
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“ ‘It is also thoroughly settled that the fаct testimony used in rebuttal might have been used as part of the state’s main cаse does not render it inadmissible in rebuttal if it rebuts some of the matters testified to by defendant’s witnesses. * * *
“ ‘ * * * we have aiso held several times the trial court has discretion to admit in rebuttal evidence which should have been offered in chief that is not strictly rebuttal. State v. Merrill,
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“ ‘Rebutting evidence is that which explains, repels, controverts, or disproves evidence produced by the other side. Statе v. Parish,
With regard to the foregоing see also 29 Am.Jur.2d, Evidence, sections 250, page 298, and 269, page 318.
And Underhill’s Criminal Evidence, Fifth Ed., Volume 2, section 313, page 789, 791, *303 contains this pertinent statement: “It is permissible to rebut testimony of an expert by other experts.”
In the case at bar Mr. Mоore’s testimony regarding some delineated differences between the сheck and exemplar would, if believed, permit the jury to find the forged instrument was not written by defendant.
On the other hand Mr. Barton’s testimony, when recalled as a witness fоr the state, was offered to explain, controvert or disprove that previously given by Mr. Moore. This was clearly rebuttal evidence.
Furthermore, evеn though Mr. Barton’s testimony when recalled to the stand be classified as evidence which the state could have offered in chief, its admissibility was still within trial court’s sound discretion. See in this respect section 780.5(6), Code, 1966; State v. Hephner, supra; State v. Crandall,
We here find no abuse of discretion by trial court.
Affirmed.