People v. Spencer

KERRIGAN, J.

The defendant was convicted of the crime of drawing and uttering a bank check with the intent thereby to defraud Watson, Pond & Riddle, a corporation.

The prosecution was had under section 476a of the Penal Code, which section reads as follows:

“Every person who willfully, with intent to defraud, makes or draws, or utters, or delivers to another person any check or draft on a bank . . . , knowing at the time of such making, drawing, uttering or delivery that he has not sufficient funds in or credit with such bank, ... to meet such check or draft in full upon its presentation, is punishable by .imprisonment in the state prison. . . . The word ‘credit’ as used herein shall be construed to be an arrangement or understanding with the bank . . . for the payment of such check or draft.”

Briefly the facts of the case are these: The defendant represented to Watson, Pond & Riddle that he had $20,000 on deposit in the National Bank of Commerce of Seattle, Washington ; that he expected to have there in a few days $75,000 more; that he was also the owner of rent producing properties in Seattle, and was related to some of the officials of said bank. On the strength of these pretenses, Watson, Pond & Riddle, on April 28, 1910, as a matter of accommodation, gave the defendant its cheek for $725, and took in exchange therefor his sight draft on said bank for a like amount. When this draft was presented—which was done as soon as practicable—payment was refused on account of lack of funds.

The evidence tends to sustain the theory of the prosecution that the defendant had put in operation a scheme by means of which he sought first to work his way into the good graces of certain San Francisco business men by a number of fair exchanges of his drafts for their checks, and then later, if he succeeded in gaining their confidence, to defraud some

[758]

of them of large sums of money. However this may be, from a number of transactions similar to this one, each comparatively small in amount, the district attorney selected this, the largest one, on which to base the prosecution. In due time the case came on for trial, evidence was introduced by the people, and on behalf of the defendant witnesses testified as to his good reputation, but he did not himself take the stand. Upon his conviction a motion for a new trial was made and denied, and the defendant was sentenced to imprisonment in the state prison for a term of three years, whereupon he took this appeal, which is from the judgment.