People v. Ruiz, Cr. 4559

CourtCalifornia Court of Appeals
Writing for the CourtVALLEE; SHINN, P. J., and WOOD
Citation229 P.2d 73,103 Cal.App.2d 146
PartiesPEOPLE v. RUIZ.
Docket NumberCr. 4559
Decision Date28 March 1951

Page 73

229 P.2d 73
103 Cal.App.2d 146
PEOPLE

v.
RUIZ.
Cr. 4559.
District Court of Appeal, Second District, Division 3, California.
March 28, 1951.

[103 Cal.App.2d 147] Joe Vasquez Ruiz, in pro per.

Edmund G. Brown, Atty. Gen., Donald D. Stoker, Deputy Atty. Gen., for respondent.

VALLEE, Justice.

Defendant was charged with, and convicted of, forging and uttering a check in

Page 74

the amount of $47.58 and with a prior conviction of robbery. He admitted the prior conviction. He appeals from the judgment. Appearing in propria persona, he makes a number of points which we discuss seriatim.

1. The first point is that the information is 'invalid.' Defendant did not move to set the information aside. It charged defendant with forgery committed as follows: 'That the said Joe Vasquez Ruiz on or about the 14th day of February, 1950, * * * with intent then and there to cheat and defraud Aurora Romero, Eastern Cabinet & Furniture Company, Bank of America National Trust and Savings Association, Jefferson-San Pedro Branch, a corporation, did then [103 Cal.App.2d 148] and there willfully, unlawfully, fraudulently and feloniously make, forge and counterfeit a certain check and order in writing for the payment of money, in the sum of Forty-seven and 58/100 Dollars (47.58) and did then and there utter, publish and pass the same, knowing that said check was false, forged and counterfeited as aforesaid, with intent then and there to cheat and defraud the said Aurora Romero, Eastern Cabinet & Furniture Company, Bank of America National Trust and Savings Association, Jefferson-San Pedro Branch, a corporation, as aforesaid.' The information charged the offense in the language of the statute, Pen.Code, § 470, and is therefore sufficient. People v. Holt, 93 Cal.App.2d 473, 476, 209 P.2d 94.

2. The second point is that the evidence is insufficient to sustain the judgment. On February 14, 1950, defendant entered a store in Los Angeles. He handed a check to Aurora Romero's mother. The check was on the form of Eastern Cabinet & Furniture Company, 2040 East 45th Street, Los Angeles. It was dated February 13, 1950, in the amount of $47.58, and named Frank Noriega as payee. It was drawn on Bank of America, Jefferson-San Pedro Branch, and was signed 'Eastern Cabinet & Furniture Company by E. W. Gillious.' Defendant asked Miss Romero's mother if she (the mother) would cash the check. The mother asked the amount of the check, and defendant replied '47.' Defendant handed the check to her and she...

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34 practice notes
  • People v. Hill, Cr. 10808
    • United States
    • United States State Supreme Court (California)
    • July 25, 1967
    ...It settled law that the reason flight is relevant is because it may demonstrate consciousness of guilt. (E.g., People v. Ruiz, 103 Cal.App.2d 146, 149, 229 P.2d 73; People v. Kittrelle, 102 Cal.App.2d 149, 158, 227 P.2d 38; People v. Moody, 93 Cal.App.2d 66, 71, 208 P.2d 692.) Evidence of f......
  • People v. Fork, Cr. 4433
    • United States
    • California Court of Appeals
    • April 21, 1965
    ...that his acts demonstrated a consciousness of guilt. (See People v. Anderson, 90 Cal.App.2d 326, 333, 202 P.2d 1044; People v. Ruiz, 103 Cal.App.2d 146, 149, 229 P.2d 73.) The record also discloses that after the police arrived, defendant persisted in his false representations that he was T......
  • People v. Grey, Cr. 1536
    • United States
    • California Court of Appeals
    • May 5, 1960
    ...recently forged, by one claiming under it, is evidence against the possessor. People v. Smith, 103 Cal. 563, 37 P. 516; People v. Ruiz, 103 Cal.App.2d 146, 229 P.2d 73; People v. Pounds, 168 Cal.App.2d 756, 336 P.2d 219. Furthermore, the jury was entitled to determine which part of Sandidge......
  • People v. Schmitt, Cr. 5726
    • United States
    • California Court of Appeals
    • November 8, 1957
    ...P.2d 715. Furthermore, the newspaper articles are matters outside the record and will not be considered on the appeal. People v. Ruiz, 103 Cal.App.2d 146, 149-150, 229 P.2d 73, and cases After giving full consideration to the many claims of error in the trial we have found no disregard of d......
  • Request a trial to view additional results
34 cases
  • People v. Hill, Cr. 10808
    • United States
    • United States State Supreme Court (California)
    • July 25, 1967
    ...It settled law that the reason flight is relevant is because it may demonstrate consciousness of guilt. (E.g., People v. Ruiz, 103 Cal.App.2d 146, 149, 229 P.2d 73; People v. Kittrelle, 102 Cal.App.2d 149, 158, 227 P.2d 38; People v. Moody, 93 Cal.App.2d 66, 71, 208 P.2d 692.) Evidence of f......
  • People v. Fork, Cr. 4433
    • United States
    • California Court of Appeals
    • April 21, 1965
    ...that his acts demonstrated a consciousness of guilt. (See People v. Anderson, 90 Cal.App.2d 326, 333, 202 P.2d 1044; People v. Ruiz, 103 Cal.App.2d 146, 149, 229 P.2d 73.) The record also discloses that after the police arrived, defendant persisted in his false representations that he was T......
  • People v. Grey, Cr. 1536
    • United States
    • California Court of Appeals
    • May 5, 1960
    ...recently forged, by one claiming under it, is evidence against the possessor. People v. Smith, 103 Cal. 563, 37 P. 516; People v. Ruiz, 103 Cal.App.2d 146, 229 P.2d 73; People v. Pounds, 168 Cal.App.2d 756, 336 P.2d 219. Furthermore, the jury was entitled to determine which part of Sandidge......
  • People v. Schmitt, Cr. 5726
    • United States
    • California Court of Appeals
    • November 8, 1957
    ...P.2d 715. Furthermore, the newspaper articles are matters outside the record and will not be considered on the appeal. People v. Ruiz, 103 Cal.App.2d 146, 149-150, 229 P.2d 73, and cases After giving full consideration to the many claims of error in the trial we have found no disregard of d......
  • Request a trial to view additional results

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