People v. Kawano

[613]

MYERS, J.,

pro tem.

This is an appeal from a judgment of conviction under section 476a of the Penal Code, and from an order denying a motion for a new trial.

Defendant was charged by information with having made, drawn, uttered and delivered to the Commercial Bank of San Luis Obispo a certain check for the sum of $15 on the First National Bank of Los Angeles, with intent to defraud said Commercial Bank, knowing that he did not have sufficient funds or credit with said First National Bank to meet the same. The evidence showed that on March 5, 1918, the defendant presented to the Commercial Bank a blank check of the First National Bank and “wanted to get $15.” The teller thereupon filled in the check for that amount to the order of his bank and the defendant signed it. The teller refused to cash the check without the signature of an indorser thereon, and defendant took it away and secured the indorsement of one Kurokawa thereon, after which, on the same day, he brought it back to the Commercial Bank, delivered it, and received the cash on it. The check was returned unpaid and was never paid by the First National Bank, but the amount thereof was later paid to the Commercial Bank by the indorser, Kurokawa.

Two points are made upon the appeal. 1. “That there was no evidence that defendant intended to defraud the Commercial Bank of San Luis Obispo.” Appellant urges in this connection that it is apparent from the evidence that if defendant intended to defraud anyone, it must have been the indorser, Kurokawa, who was financially responsible and who did in fact eventually pay the check. It is urged by the respondent that the offense was complete when the defendant first signed and presented the check to the Commercial Bank, without Kurokawa’s indorsement thereon, under the terms of the statute, which provides that the making or drawing or uttering or delivering, under the conditions specified, shall constitute the offense. "Whether this be correct or not, it seems sufficient to say that when the defendant, upon the second occasion, presented the indorsed check to the Commercial bank for the purpose of getting the money thereon and did thereby obtain the money, these facts, shown by the uneontradicted evidence, warranted the inference by the jury of the further fact that he intended then and thereby to defraud said bank of the money so obtained, if the other ele