People v. Phillips

Citations

• 70 Cal. 61
• 11 P. 493
• 1886 Cal. LEXIS 725

Syllabus

<p>Criminal Law—Forgery—Instructions. —In a prosecution for uttering and passing a forged promissory note, certain instructions quoted in the opinion, held, not misleading or calculated to confuse the jury.</p> <p>Id.—Variance between Instrument as Recited and Proved.—In such a prosecution, where the information purports to set forth the instrument alleged to have been forged in Jicec verba, and a word found in the instrument proved is omitted from the instrument as recited, or a word inserted in the instrument as recited is not in the instrument, proved, the variance is immaterial if the change in no manner or for any purpose alters the signification.</p> <p>Id.—Immaterial Variance.—The information alleged the forgery of a promissory note, described as payable “to H. C. Phillips, or order.” The note given in evidence did not contain the word “to ” immediately before the words “H. C. Phillips, or order.” Held, that the variance was immaterial.</p> <p>Id.—Evidence oe Subsequent Transactions—Intent.—Evidence of transactions had between the defendant and the person alleged to have been defrauded, after the delivery of the note, is admissible, if it tends to show that the note was used with a fraudulent intent, and to secure a valuable benefit from the person to whom it was delivered.</p> <p>Id. — Instruction—Assumption of Fact. — An instruction which assumes a fact as proved will not warrant a reversal if the fact is admitted or there is no shadow of conflict of evidence with respect to it.</p> <p>Id.—Impeached Witness—Disregarding Testimony. — The evidence of a witness who has been impeached may be disregarded by the jury, and the court may so instruct.</p>