People v. Lane

MUSSELL, J.

Defendant was found guilty by a jury of the crime of issuing a check without sufficient funds (Pen. Code, § 476a.) He was sentenced to imprisonment in the state prison and appeals from the judgment of conviction and “from an order denying defendant’s motion for a new trial.” The record does not show that such a motion was made and, therefore, the purported appeal from the order denying his “motion for a new trial” is dismissed.

On or about May 8, 1955, Hubert Watkins, a salesman and assistant manager in charge of the used car department for Marvin K. Brown, Cadillac and Oldsmobile, in San Diego, sold a 1954 Cadillac convertible to the defendant. In this transaction Watkins took a 1951 Chevrolet panel truck in trade as a partial down payment on the Cadillac and the defendant gave him a check made out to Marvin K. Brown, a corporation, in the sum of $1,026. The balance of the purchase price of the Cadillac was provided for in a General Motors contract. The check was drawn on the Security Trust and Savings Bank of San Diego. It was signed by the defendant in the presence of Watkins and was dated “May 9.”

Watkins testified that there was no discussion with the defendant about postdating the check, or otherwise, except

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that he heard the defendant call someone on the ’phone and ask if there was enough money to cover the check. Defendant told Watkins that he was calling his partner. However, defendant’s partner denied that he had had such a conversation with the defendant. Watkins testified further that the defendant then signed the cheek, the transaction was completed, and the automobile delivered to the defendant. The check was deposited in the bank on May 11, 1955. The defendant did not have sufficient funds in or credit with said bank to cover the check and it was never paid.

The defendant took the stand to testify in his own behalf and admitted that he knew he did not have funds in the bank to cover the check. He stated that he so informed Watkins and that he told Watkins he “would put the funds in the bank to cover the check before it reached the bank.’’ Watkins denied that these statements were made to him and testified that the defendant did not ask him to hold the check and did not tell him that he, the defendant, did not have sufficient funds in the bank to cover the check.