People v. Wilbur

California Court of Appeal Apr 24, 1917 No. Crim. No. 385.Published

Before: Hart

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Holding. The court held that a check drawn without sufficient funds constitutes a crime under Penal Code section 476a regardless of whether the check was endorsed by the drawer, as the gist of the offense is the fraudulent intent and knowledge of insufficient funds at the time of delivery.

Issues

Whether an information charging a violation of Penal Code section 476a is insufficient if the check delivered was not endorsed by the drawer.
Whether a check must be legally binding upon a bank to constitute a public offense under Penal Code section 476a.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The fact that the check may be “a worthless piece of paper” in the hands of the person to whom it was delivered, because it has not been properly indorsed, does not enter as an element into the crime defined by the section”

“the gist of the offense charged in the information is in the fraudulent intent with which the check or draft is drawn and delivered and knowledge by the drawer and deliverer”

Synopsis

The facts are stated in the opinion of the court.

HART, J.

By an information duly filed, the district attorney of Humboldt County charged the defendant with the crime of drawing a bank check without funds in bank,

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as follows: That the said defendant did, on the thirty-first day of October, 1916, at and in the county of Humboldt, “willfully, unlawfully, feloniously, fraudulently, knowingly and with intent to defraud H. A. King, make, draw, utter and deliver to H. A. King a certain check and draft upon a certain bank, banker and depositary, to wit: The First National Bank of Eureka, a banking corporation duly organized for the purpose of doing a banking business under and by virtue of the laws of the United States of. America and doing business in the said County of Humboldt, that said check and draft was then and there for the payment of money and was then and there in the words and figures following, to wit:

“ ‘Eureka, Cal., October 31, 1916.

‘“THE FIRST NATIONAL BANK (90-147)

“ ‘of Eureka

“ ‘PAY to A. H. Wilbur or Order $35.00

“ ‘Thirty five dollars DOLLARS

“ ‘(Signed) A. H. Wilbur.’

that he the said defendant had not then and there sufficient funds in or credit with the said The First National Bank of Eureka a banking corporation as aforesaid to meet said check and draft in full upon its presentation as he the said defendant then and there well knew, contrary to the form, force and effect of the statute,” etc.

The defendant, upon his arraignment upon said information on the tenth day of November, 1916, entered a plea of guilty thereto, and “waived the statutory time for the pronouncing of judgment herein,” whereupon the court postponed the pronouncing of judgment to the following day, November 11, 1916, at 9:30 A. M.

On the last-named date, the cause having been called for the pronouncing of judgment, the attorney for the accused filed and pressed a motion in arrest of judgment. The motion was based upon a number of grounds, among which were the following: 1. That the facts stated do not constitute a public offense; 2. That the information does not substantially conform to th§ requirements of sections 950, 951, and 952 of the Penal Code; 3. That the said information contains matters which, if true, would constitute a legal justification or excuse of the offense charged. (Pen. Code, secs. 1004, 1185.)

People v. Wilbur

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Synopsis

HART, J.

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