State v. Hardin

• Decision Date: 16 June 1931
• Citation: 300 P. 347,137 Or. 250
• Parties: STATE v. HARDIN.
• Court: Oregon Supreme Court

300 P. 347

137 Or. 250

STATE v. HARDIN.

Supreme Court of Oregon, En Banc.

June 16, 1931

Appeal from Circuit Court, Wasco County; Fred W. Wilson, Judge.

John A Hardin was convicted of forging another's name as an indorsement on a warehouse receipt, and he appeals.

Affirmed.

William G. Smith, of Portland (Collier, Collier & Bernard, of Portland, and Gavin & Gavin, of The Dalles, on the brief) for appellant.

Francis V. Galloway, Dist. Atty., of The Dalles (I H. Van Winkle, Atty. Gen., on the brief), for the State.

BELT J.

Defendant was convicted of the crime of forging the name of Tom Lorenzen as an indorsement on a warehouse receipt issued by the Boyd Union Elevator Company located in Wasco county, Or., to cover the storage of wheat owned by Tom Lorenzen. At the conclusion of the evidence the defendant moved for a directed verdict of acquittal for the reason, among others, that there was no evidence tending to show that the defendant signed the name of Tom Lorenzen to the warehouse receipt or that he had caused the same to be signed thereto.

We think a brief summary of the evidence will suffice to show that no error was made in the denial of this motion. The defendant for several years had been a dealer in grain in Wasco county and had engaged in numerous business transactions with Tom Lorenzen, who operated a large wheat ranch. In August, 1930, Lorenzen employed Harry McAllister to haul a certain part of his wheat crop to the Boyd Union Elevator Company for storage. When the last lot was hauled the manager of the warehouse company, John Godknecht, delivered seven warehouse receipts to McAllister on Friday afternoon, August 15, 1930. Godknecht testified that, at such time, none of the receipts were indorsed. McAllister corroborated Godknecht as to the delivery of the warehouse receipts, and further testified that, in accordance with the instructions of the wife of Tom Lorenzen, who for many years had been acting as her husband's agent in the sale of his wheat crops, he delivered the receipts to the defendant at his office in the city of The Dalles, Or., on the next day (Saturday) or on the Monday following, the 18th day of August. McAllister testified that, from the time these receipts were delivered to him by the manager of the warehouse, he retained exclusive possession of them, and that when he turned them over to the defendant they bore no indorsements. The defendant admits having received the receipts, but states positively that, at the time they were delivered to him, they had the indorsement of Tom Lorenzen on the back thereof. He avers that he never signed such name to the receipts nor authorized any person so to do. Tom Lorenzen testified that he did not indorse the receipts, and his wife also testified that she did not sign them nor authorize any person so to do. As to why the receipts were delivered to the defendant, Mr. Lorenzen on cross-examination stated, "We were going to sell the grain to him." Further, in response to the question, "The receipts were delivered so that he could transfer that grain, isn't that true?" Lorenzen answered, "No, sir, so he could have the receipts there. * * * Left the receipts there; whenever we want to sell the grain they was there. * * *" Considering other parts of the testimony of Lorenzen and his wife relative to the reason for the delivery of the receipts to the defendant, we think it is quite apparent that the same were left with the defendant to be available when they decided to sell the wheat. Godknecht further testified that on August 25, 1930, he received through the mail from the defendant the seven warehouse receipts, including the one upon which the indictment is based, together with the shipping invoice and a check for $22.40 covering storage on the wheat, and that on August 27, 1930, by the direction of the defendant, he shipped the wheat to the Portland Grain Company at Portland, Or. It was stipulated that the defendant received the money from the sale of the wheat. It is also well to observe that there were introduced in...