People v. Gilbert

BARNARD, P. J. The defendant was charged in separate counts with issuing, on December 6, 1952, seven checks without sufficient funds to meet them and with intent to defraud. She was also charged with two prior convictions of forgery. She admitted the prior convictions and pleaded not guilty as to each count. A jury found her guilty as charged in each count. She has appealed from the judgment, and from an order denying her motion for a new trial.

[129]It was admitted at the trial that the appellant signed these cheeks and issued them in exchange for cash, or for cash and merchandise, and that there were no funds in the bank to meet them. The only issue at the trial was as to whether or not there was an intent to defraud. The evidence was sufficient to support the implied finding in that connection, and no contention is made to the contrary. Appellant’s sole contention is that she was prevented from having a fair trial because the court improperly restricted her counsel’s cross-examination of a certain witness, and thus thwarted his attempt to impeach that witness.

On the question of intent, evidence was received with respect to other check transactions. In connection with one of these it appeared that on February 14, 1953, the appellant tendered a cheek in payment for some merchandise at Boos Bros, store in San Francisco. The credit manager questioned the check, and the appellant was interviewed at some length by the store detective and an inspector from the San Francisco police department. During a part of this conversation the appellant made a serious charge against the credit manager of this store. The store detective and the police inspector desired to go into that charge and, since another witness would not be available until after store hours, the appellant agreed to meet them at a restaurant across the street at 5:30 that day, so that they could go into the matter further. The detective and the inspector went to this restaurant at 5:30, but the appellant did not appear. During the trial, this store detective testified with respect to what had occurred on this occasion in San Francisco, including the matter of the charge then made by the appellant. After appellant’s counsel had conducted a cross-examination of this store detective, which takes up 23 pages of the transcript, appellant’s counsel asked the detective “Now isn’t it a fact that during this hour and a half conversation, it finally terminated and you told Mrs. Gilbert to go ahead and go about her business and to meet you for a drink about three blocks away from Boos Brothers’ store later that evening!” The detective answered, “No.” The witness was then asked: “And the reason you were so incensed about this whole matter is the fact you got stood up?” to which the witness replied, “No.”