1 Plaintiff in error, Vernon C. Smith, defendant below, was charged by information in the Superior Court of Comanche County, Oklahoma, with having committed the crime of uttering a forged check, in the sum of $53.67, purportedly written on July 24, 1954, drawn on the City National Bank, to the order of C.D. Eatman, and bearing the forged signature of Harry Poston. The check was allegedly uttered on July 24, 1954, to Ed Cagle, of Lawton, Oklahoma, in said County and State, with the intent to defraud said Ed Cagle and Harry Poston, in violation of 21 O.S. 1951 ? 1577 [21-1577]. He was tried by a jury, convicted, his punishment set at 5 years in the State Penitentiary; judgment and sentence was entered accordingly, from which this appeal has been perfected.
