People v. Smith

Citations

• 103 Cal. 563
• 37 P. 516
• 1894 Cal. LEXIS 824

Syllabus

<p>Criminal Law—Forgery—Uttering Forged Check—Information— Knowledge of Falsity.—An information containing two counts, the first of which charges the defendant with knowingly and feloniously, and with intent to defraud, forging a check which is set out in the information, and the second of which charges that the defendant did “ utter, publish, and pass as true and genuine a certain forged, false, and counterfeit check, which said check was the same check referred to in the first count of this information, ” and sets out a copy of the check, but which fails to allege knowledge on the part of the defendant of its falsity, fails as to the second count to state an offense.</p> <p>Id.—Defective Count—Failure to Demur—Waiver.—The failure of a count in an information to state an offense is a defect which is not. waived by a failure to demur, but may be raised at any time.</p> <p>Id. —Evidence—Possession of Forged Instrument.—The possession of an instrument recently forged, by one claiming under it, is evidence against the possessor.</p> <p>Id.—Admissibility of—Declaration of Defendant.—The declaration of a defendant, charged with the forgery of a check, that he had worked for the man whose name was signed to the check, and that the latter had no money to pay him, and had given him the check, is admissible under the charge of forgery, but not under a substantially defective count of uttering the forged check which states no offense.</p> <p>Id.—General Admission of Evidence Under Good and Bad Counts— Erroneous Judgment.—Where an indictment contains two counts, one of which is bad and the other good, and the trial court holds them both to be good, and admits evidence under both counts, and a verdict of guilty is rendered upon both counts, and judgment pronounced thereon, such judgment is erroneous, and must be reversed.</p> <p>Id.—Misnomer—Variance in Middle Name.—The middle name or names, or the middle initial letter or letters, of a person’s name, are not material, either i