People v. Kovach

SHINN, P. J.

In a nonjury trial in which he was represented by the public defender, defendant was charged with three offenses of issuing checks without sufficient funds. Upon stipulation the cause was submitted upon the evidence at the preliminary hearing with the reservation of the right to produce further evidence at the trial. None was produced. Defendant did not testify either at the preliminary or at the trial.

Defendant was convicted under Counts I and III and acquitted under Count II. Probation was denied. He was sentenced to state prison and he gave notice of appeal in propria persona and has filed an opening and a closing brief.

The points on appeal are that the evidence was not sufficient to establish guilt beyond a reasonable doubt; there was a material variance between the information and the proof; impeachment of an accused by proof of a prior conviction of a felony is violative of his constitutional rights.

There was evidence of the following facts. Defendant made and issued a check for $60, drawn on the Bank of America, Hollywood-Highland Branch, dated June 6, 1959, payable to Eisenberg and Eisenberg, as the purchase price of a suit of clothing sold and delivered to him in return for the check. Defendant made and issued a check for $100, drawn on the California Bank, Van Nuys Branch, dated June 14, 1959, payable to Winifred Lelgang in repayment of a loan. Defendant made and issued a check for $15, drawn on the

[87]

California Bank, Van Nuys Branch, dated June 27, 1959, payable to Valley Photo Service as the purchase price of film and photo finishing and cash given him in return for the check. All three checks were presented to the banks upon which they were drawn and were dishonored.

With respect to the check payable to Eisenberg and Eisenberg, the People introduced the testimony of George Berg, a guard at Bank of America, Hollywood-Highland Branch. Mr. Berg testified he had access to the books and records of the bank; he had searched the books and records to determine whether there was an account or arrangement for credit whereby checks drawn by defendant in June of 1959 would be paid; there was no arrangement for credit; there had been an account but it was closed June 3, 1959. On January 1, 1959, there was a debit balance of $7.60. On the following day the debit balance was $13.60.