People v. Baker

Citations

• 100 Cal. 188
• 34 P. 649
• 1893 Cal. LEXIS 767

Syllabus

<p>Criminal Law—Pleading—Sufficiency of Information—Word “Information.”—An information which alleges all the facts necessary to constitute the crime sought to be charged is not defective merely because the word “information” is used only in the heading, and not in the body of the instrument.</p> <p>Id.—Statement of Venue.—Where an information contains the name of the county and state in the first part thereof, an averment that the crime was committed “at the county and state aforesaid ” is a sufficient averment of venue.</p> <p>Id.—Forgery—Mortgage—Sufficiency of Execution.—The signing of a name of the owner of land by another person, to an instrument purporting to be a mortgage thereof, for the purpose of defrauding such owner and the person from whom the money was to be borrowed on the mortgage, is sufficient to constitute the crime of forgery, whether or not, as matter of law, the mortgage would have been good without the execution of it by both husband and wife.</p> <p>Id.—Uttering of Forged Instrument—Record of Mortgage—Delivery.—The recording of a forged mortgage in the recorder’s office at the request of the mortgagee, who desired it to be placed on record before he examined the title, is a sufficient uttering of the forged instrument, although it was not in any other way delivered to the mortgagee.</p> <p>Id.—Certificate of Acknowledgment—Variance—The fact that a copy of an alleged forged mortgage set out in an information charging the forgery thereof does not contain any certificate of acknowledgement, while the mortgage introduced in evidence has such a certificate attached to it, does not constitute a fatal variance.</p> <p>Id.—Evidence—Signature of Note Set Out in Forged Mortgage.— Upon the trial of a defendant charged with the forgery of a mortgage, where the mortgage as set out in the information contained a copy of the mortgage note, it was not’error for the court to allow proof of the signing of the note as well as the mortgage.</p> <p>Id.—Trial—Cens