State v. McDonald
State v. McDonald
Opinion of the Court
The information in this case charged the defendant with forging the name of the payee named in a certain check. The state’s testimony tended to show that one Mabel J. Musser drew her check to the order of Mrs. "Wonderlick for $93.33, and that the defendant wrongfully obtained possession of this check and committed the forgery by indorsing the name of the payee on the back thereof. She was convicted and has appealed to this court.
The appellant first complains that the court permitted the state to introduce in evidence a certain bill of sale given by the defendant, and also a certain check signed or indorsed by her. It seems to be contended that these instruments were not admissible because they did not in any way tend to establish the crime with which appellant was charged. Those instruments showed the signature of the appellant and were introduced for the purpose of comparing the signatures on those instruments with that which was claimed to be a forgery. For this purpose the court properly admitted these papers in' evidence.
It is next contended that it was error to permit the state to introduce testimony to the effect that the forged check was presented at a certain store in Spokane for payment, such presentation not having been made by the appellant. There was testimony, however, tending to show that the check was presented by appellant’s sister, Marie McDonald. But if this testimony should be considered inadmissible because it failed to connect the appellant with the alleged crime, it certainly was not prejudicial, and under no circumstances could it be said that the-error, if it was such, would be cause for reversal.
The state’s testimony tended to show that the check given by Mabel J. Musser to the order of Mrs. Wonder-
It is also claimed that the cross-examination of Marie McDonald by the prosecuting attorney was improper and prejudicial. Since the appellant has made no further argument on this matter than to claim that it was prejudicial and improper, we do not deem it necessary to say more than that, while the court may have allowed the cross-examiner a wide latitude, we are unable to say that the appellant was in any wise prejudiced thereby.
The judgment is affirmed.
Parker, C. J., Main, Mitchell, and Tolman, JJ., concur.
Reference
- Full Case Name
- The State of Washington v. Fay McDonald
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Foegery (7)—Evidence—Admissibility. In a prosecution for forgery, written instruments signed by defendant, which were in no way connected with the crime charged, were properly introducible in evidence for the purpose of comparing her signatures with the alleged forgery. ■Criminal Law (448)—Appeal—Harmless Eebor—Admission of Evidence. Evidence that a check, the indorsement upon which was alleged to be forged, was presented by defendant’s sister in payment for goods at a store, conceding its inadmissibility as failing to connect defendant with the crime, would not constitute prejudicial error. Same (107)—Evidence—Other Offenses. Testimony connecting a defendant with another and distinct crime is admissible, if it is closely associated with the crime charged and furnishes evidence material to that crime. Same (107). In a prosecution for forgery by the indorsement of payee’s name on a check, it was admissible to show in evidence that the check had been given to a certain man for delivery to the payee; that the check was in his possession when he visited defendant in her apartment; that this man was killed while in defendant’s rooms and his body buried some distance from the city; and that, upon disinterment of his body, the check was not upon his person although other personal articles were found there; such evidence being relevant for the purpose of showing how defendant might have become possessed of the check, though having a tendency to indirectly connect her with another crime.