People v. Spaise

GRIFFIN, P. J.

Defendant-appellant was charged with issuing a cheek without sufficient funds, in violation of Penal Code, section 476a, in that, on or about January 29, 1959, he delivered and passed a check to George C. Blackie at the El Cortez Hotel in San Diego in the amount of $150, drawn on the Bank of America, Inglewood Branch, knowing that he had no funds in said bank to meet the same, and with intent to defraud. He entered a plea of not guilty. After a jury trial, he was found guilty as charged. His motions for a new trial and for probation were denied and he was sentenced to state’s prison.

The contentions presented on this appeal are that the evidence presented was insufficient to sustain the conviction and the trial judge erroneously admitted evidence of other offenses.

[296]

Defendant registered at the El Cortez Hotel, room 901, on January 19, 1959. Later he was joined by his identical twin brother Sam. On January 24, 1959, defendant, with his brother, checked out of the hotel and a bill was presented to defendant. Defendant and his brother discussed the share of the hotel bill each would pay. Two checks were given in payment of the bill. Defendant gave the check for $150, as charged. Blaekie was presented with another check drawn on an out-of-state bank. There was some indefiniteness in Blaekie’s testimony as to which person presented the checks. However, he said defendant and his brother were the only two people at the desk at the time. The check here charged was later returned by the bank as unpaid. Neither party told Blaekie that there was no account in existence or that there were insufficient funds in the bank to meet the check on presentation. It appears that the charges defendant incurred during the four-day stay amounted to $223 and Sam Spaise signed for additional charges of $30.87.

The banker identified the $150 check and testified that defendant had no account under the name of Nick K. Spaise in that bank. He testified, however, that in checking through the record, he found other checks drawn by defendant on that bank. These checks were received in evidence.

The assistant manager of the Lafayette Hotel in Long Beach testified that he saw defendant and his brother together on February 28, 1959, and the twins stayed together at his hotel. He identified two of three checks drawn on the Bank of America, Inglewood Branch, totaling $142.18, given by them in closing that hotel account, which checks proved to be drawn on a nonexistent account. He also testified that they established credit at that hotel on the basis of an air travel card held by Sam.