People v. Griffith

VALLÉE, J.

Defendant was charged in each of two counts with the offense of issuing checks without sufficient funds. (Pen. Code, § 476a.) Count I alleged that on October 10, 1952, defendant drew and delivered to Walter Munstenteiger a check for $25 drawn on the Bank of America with intent to cheat and defraud Munstenteiger, Yon’s Market, and Lynwood, California, Branch of the bank, knowing at the time he had not sufficient funds in or credit with the bank to meet the cheek in full on presentation for payment. Count II contained similar allegations, the date being October 16, 1952, and the amount $27. The parties were the same except that defendant was alleged to be the person to whom the check was drawn and delivered. The court, sitting without a jury, found defendant guilty as charged in each count. He appeals from the judgment.

Defendant’s principal contention is that there was no evidence of an intent to defraud.

The parties stipulated that the checks were made and issued by defendant for value to Yon’s Market on the dates charged, and that at the time of the issuance and delivery of each of them he did not have sufficient funds in or credit with the bank to meet payment in full on presentation. Prior to October 1, 1952, defendant had lived in Compton, California, and had had an account with the Compton Branch of the Bank of America. He moved from Compton to South Gate, and on September 30, 1952, he opened an account with the Lynwood Branch of the Bank of America. About October

[875]

1st defendant presented a check signed by him and drawn on the Compton Branch to Munstenteiger, assistant manager of Von’s Market in Lynwood, which was cashed by Von’s Market and dishonored. During the following week defendant went into Von’s Market and told Munstenteiger the check would not be good because he had written it on the wrong branch. Munstenteiger then changed the word Compton on the check to Lynwood and took it to the Lynwood Branch where it was honored. When defendant told Munstenteiger the check was written on the wrong branch he neglected to enter the amount of the cheek, $25, in his checkbook. With this exception, all checks presented by defendant to Munstenteiger prior to October 10th had "been honored. The record does not disclose the number. On October 10th there was a balance of $6.39 in the account. On that day, defendant presented the check of that date to Munstenteiger, who authorized its payment. Defendant cashed it at the checking counter in the market. On October 11th defendant deposited $70.98 in the Lynwood account. On October 16th defendant presented the check of that date to Munstenteiger who authorized its payment; defendant cashed it at the checking counter in the market. On that day there was 27 cents in the account. On October 22d or 23d defendant went to Munstenteiger and told him he (defendant) expected a couple of his checks back, that he would have the money in the bank to cover them, and that they would be taken care of that week end when he got his paycheck. Munstenteiger told him; “Don’t worry about it. They will be taken care of.”