People v. Watts

GRIFFIN, J.

Defendant, who was represented by an attorney at all stages of the proceedings, was convicted by a jury of the crime of violating section 476a of the Penal Code in issuing and passing a check in the sum of $61.50 on the Lovely Lady Shop, in Colton, without having any funds in the bank to meet the check at the time. He admitted two prior convictions of felonies.

About 5:30 p. m. on October 19, 1953, defendant appeared at the dress shop with a woman with whom he had been living. They selected several garments and defendant gave his personal cheek on a bank in Colton in payment thereof. The banker testified that defendant had never had an account or credit with that bank.

The only question presented to the jury was whether defendant informed the dress shop clerk that he had no account

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at the time but expected to have one in a short time, and asked her to notify him if it was not paid upon presentation.

The clerk testified that about closing time the defendant wrote out the check in payment of the merchandise; that she remarked: “Oh, a check at this time of the night?” And defendant said: “Sure, haven’t you ever seen a check before?” and that she replied: “Yes—but at this time of the night it is certainly irregular”; that he assured her it would not “bounce” and that all the money he had was in that bank; that he had just arrived in Colton from the Bast and had his money transferred here; that she asked for identification and the defendant presented his driving license from Ohio, and another card with his picture on it; that nothing was said by the defendant about not having any account with the bank and he made no request to hold the cheek.

Defendant testified he told the clerk he intended to pay for the merchandise by cheek; that he did not have the cash; that the clerk asked him if he had money in the bank and he told her he did. not know whether the money would be in the bank yet, but he was expecting some money from his father and also some from back home from a loan on his automobile and it should be there within the next two days and that he would give her his name and address and she could notify him if the check was not paid and he would then see that it was taken care of immediately. He then testified that the clerk took the check; that he had four clays previously attempted to make some arrangements to borrow money on his car and expected the loan to go through any time to meet the check, but that the loan was not accepted.