People v. Cuthbertson

California Court of Appeal Dec 18, 1959 No. Crim. 6735Published

Before: Vallee

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Holding. The court held that the evidence was sufficient to support the defendant's conviction for issuing a check without sufficient funds and that the trial court did not err in its evidentiary or procedural rulings.

Issues

Whether the evidence was sufficient to sustain the verdict for issuing a check without sufficient funds.
Whether evidence of other dishonored checks was admissible to show intent to defraud.
Whether the trial court erred in denying the defendant's request to locate a witness for the purpose of impeaching another witness.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The evidence is sufficient to sustain the verdict.”

“The evidence was admissible to show that the check on which the prosecution was based was made and delivered “wilfully, with intent to defraud.””

“Defendant was accorded a fair trial, free from any error.”

VALLEE, J.

A jury convicted defendant of having, on April 12,1958, issued a check for $15 drawn on Security Bank to Bernard Turk of Los Feliz Launderette knowing that he had not sufficient funds in, or credit with, the bank to meet the check in full on its presentation for payment, and of having been convicted of the same offense in 1957. Appearing in propria persona, defendant appeals from the judgment and an order denying his motion for a new trial.

On April 12, 1958, defendant gave a check for $15 drawn on Security Bank to Bernard Turk of Los Feliz Launderette in payment of a bill for $1.85. The cheek was dishonored.

On March 14, 1958, defendant gave an employee of a Safeway store a check for $20 drawn on Security Bank for . $20 cash. The cheek was dishonored.

On April 16, 1958, defendant gave a service station attendant a check for $20 drawn on Security Bank for gasoline and change. The check was dishonored.

On April 17, 1958, defendant gave Sam Abajaian a cheek for $20 drawn on Security Bank for a couple of drinks and a dinner and $5.00 cash. The check was dishonored.

Defendant had had an account in Security Bank. It was closed February 8, 1955. It was never reopened. Defendant had no credit with the bank for payment of the cheeks.

Defendant was arrested in Atlanta, Georgia, in October 1958. On October 29 Officer Toung of the Los Angeles Police Department returned him to Los Angeles. Defendant told Officer Toung he had written and passed the cheeks we have referred to and a number of others; he had had an account at Security Bank about two years previous; he knew it was closed; he took a checkbook that belonged to his wife to write the cheeks.

Defendant’s brief is a long narrative of fancied injustices done him not only in the trial court but elsewhere, none of which are borne out by the record. We can only consider matters appearing in the record.

The evidence is sufficient to sustain the verdict. Defendant contends he was “framed” by bank officials for depraved purposes of their own. There is nothing in the record

[395]

People v. Cuthbertson

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VALLEE, J.

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