People v. Boyce

[829]

MOORE, P. J.

Appellant was found guilty on two

counts of issuing checks drawn upon a bank in which she had neither funds nor arrangement for credit. Her motion for a new trial having been denied the court suspended the imposition of sentence and ordered her to be placed on probation. She has appealed from the “judgment” and the order denying her motion for a new trial. Sentence having been suspended, there is no judgment.

(People

v.

Noone,

132 CaLApp. 89 [22 P.2d 284];

People

v.

War nick,

86 Cal.App.2d 900 [195 P.2d 552].) Hence that appeal will be dismissed.

However, inasmuch as the order denying the motion for a new trial is appealable. (Pen. Code, § 1237.2;

People

v.

Martin,

199 Cal. 240 [248 P. 908]) the record in its entirety and the arguments of the parties have been scanned for prejudicial error, but in vain.

September 1,1947, appellant employed the witness Edmund Albert to assist her in operating a radio advertising business. She had two checkbooks, one of which Albert kept in the office while appellant carried the other in her purse. On the first stub of the former she penciled the figures “$1500” and had Albert write checks on blanks taken therefrom but to be signed by her. However, the total of her deposits made from the day the account was opened was only $1,200, as follows: September 29, $100; October 3, $100; October 6, $500; October 10, $500. At her request Albert wrote cheeks to a number of persons prior to October 10 when he observed that the total checks issued from his book exceeded $1,500. This fact he called to the attention of appellant who had never inquired as to her balance before signing a check.