Lewis v. Superior Court

Opinion

BLEASE, J.

This petition for a writ of prohibition challenges the indictment of petitioner (defendant) for forgery. We are asked to determine whether the definition of forgery in Penal Code section 470 1 extends to the fabrication of a signature on a letter of endorsement of a candidate for public office. We answer “no” and will grant the relief sought.

Section 470 is derived from the common law and its reach is thereby limited. Under the controlling case law a letter bearing a false signature urging people to vote for a candidate for public office is not an instrument which could…