People v. Elphis

Citations

• 7 Cal. Unrep. 150
• 72 P. 838

Syllabus

<p>Forgery.—Where an Information for Uttering a forged cheek failed to charge that such uttering was with intent to defraud any person, or that defendant at the time knew that the check was false and forged, it was insufficient to sustain a conviction.</p> <p>Forgery—Appeal—Reversal for Insufficiency of Indictment.— Under Penal Code, section 1262, providing that, if a judgment against a defendant is reversed' without ordering a new trial, the appellate court must, if he is in custody, direct him to be discharged therefrom, on the reversal of a conviction for uttering a forged check, for insufficiency in the indictment, the defendant, who was in custody, was entitled to be discharged.</p>