People v. Brown

WOOD (Fred B.), J.

Between February 22 and March 3, 1955, defendant, engaged in business in Portland, Oregon, cashed six checks in San Francisco which were returned by the drawee Portland bank because of insufficient funds. Prosecuted for issuance of these checks, he was convicted on account of four which he issued on February 22, 23 and 24, but acquitted in respect to two which he cashed on February 28 and March 3, and was given four county jail sentences of nine months each, running concurrently.

His defense was lack of intent to defraud, predicated upon his asserted belief that he had sufficient funds upon deposit.

He testified that in the first part of January, 1955, he opened the bank account by making a deposit of $1,000, followed by additional deposits on February 1, 4 and 5, bringing the total to $2,600. Also $2,500 became due him from a Mr. Hodges for work which was completed on February 7, 1955. He told Mr. Hodges that he was going to take a trip and the latter said he would deposit the $2,500 to defendant’s account at

[301]

the Portland bank “right away.” Defendant was not definite as to the exact date that Mr. Hodges was to deposit the money, but he had a “strong impression that he said that he would do it the following day.” Defendant was not concerned about it because he “wasn’t embarrassed” for funds at the time. Defendant left Portland on February 7 with the expectation that Hodges would deposit the money to his account. Later, on February 15, defendant spoke to Mrs. Hodges on the telephone and she told him that Hodges was in Los Angeles and that the money would be deposited immediately.

Defendant testified that when he wrote the two checks of February 28 and March 3, he believed Mr. Hodges had deposited the funds to defendant’s account but that when he issued the other four checks on February 22, 23 and 24 he gave no consideration to the Hodges’ deposit, that he believed he had sufficient funds in the bank irrespective of the funds which he believed were forthcoming from Mr. Hodges; those cheeks were not written with any reliance upon the Hodges’ money being deposited to defendant’s account; he believed he had sufficient funds in the bank to cover those checks irrespective of the Hodges’ funds.

The trial court instructed the jury that one of the defenses was the defense of reasonable expectation of funds from Mr. Hodges but the jury should not consider that evidence in respect to the four checks issued during the period February 22 to 24, inclusive, because defendant was not at the time of their issuance relying upon the funds he expected from Mr. Hodges.