People v. Haines

SCOTT (Robert H.), J. pro tem.

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Defendant was charged with seven counts of the offense of violation of section 476a of the Penal Code, issuing checks without sufficient funds. He pleaded not guilty, waived right to trial by jury and submitted the matter to the court without a jury on the testimony

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contained in the transcript of proceedings at the preliminary hearing. Defendant was found guilty on each count, application for probation was made and denied and defendant was sentenced to state prison. Prom the judgment of conviction defendant appeals.

The information alleged a prior conviction of the crime of forging counterfeit federal reserve notes followed by a term of imprisonment in a federal prison which defendant denied but in support of which the People offered a certified copy of the record which related to this defendant. No finding on this matter was made by the trial court and it will therefore be disregarded on this appeal.

Defendant did not testify and he produced no witnesses to testify in his behalf. The checks in question were executed by defendant with dates starting January 7, 1958 (count I) and ending March 5, 1958 (count IV).

On January 7,1958 (count I), defendant presented a check for $288.50 to May Company Valley branch and there received $10.40 in merchandise and the balance in cash. It was dated the same day and was drawn on California Bank, Beverly Hills office on check form of Naturalieity Foundation of America, signed “ J. Aldon Smith.” There was an account in the name of Naturalieity Foundation of American on that date with a balance of $156.99 which was at no time increased up to the time the account was closed on January 23, 1958. There was no account in which the signature on this check was sufficient to withdraw funds or receive credit.

No arrangement for credit had been made in the name signed to any of the seven checks covered by the information.

On February 5, 1958 (count III), defendant presented a cheek for $292.50 to Broadway Department Store, Panorama City Branch, and received cash for the full amount. It was dated the same day and was drawn on Bank of America, Gower-Sunset Branch, on check form World Features Syndicate signed “B. L. James.” There was such an account on that date with a balance of $16.72.