People v. Arrellano

GRIFFIN, J. Defendant-appellant was charged in an amended information in count one, with violating section 476a of the Penal Code, drawing a check on the “California Bank, Pacific and Leonis, Los Angeles,” knowing he did not have sufficient funds or credit therein; and in count two, in the alternative, with violating section 476 of the Penal Code, passing a check drawn upon the “California National Bank, Vernon and Pacific, Los Angeles” when in fact there was no such bank in existence. A prior conviction of a felony [11](bogus checks) was charged and admitted. After a plea of not guilty a trial by jury resulted in a conviction on count one and not guilty on count two. Defendant was sentenced to state’s prison. On this appeal from the conviction on count one and from an order denying a motion for new trial he claims that in fact there was no such bank as that charged in the check in count two and located at the address given; that there was a California Bank located at Pacific and Leonis, but the check was not drawn on that bank; that the evidence therefore would not support a conviction on count, one, and that since he was acquitted on count two a judgment of reversal must follow.

The evidence shows that a salesman for the Carmen-Chrysler-Plymouth, Inc., payee, in San Bernardino, took a car to defendant in Colton to demonstrate it. Defendant agreed to buy it the next day and came to the lot to negotiate, the sale for $1,655. Papers were drawn up and defendant gave the salesman a check for $100 deposit drawn on the Citizen’s National Bank of Colton, with the agreement to hold the car until the following Thursday. On January 27," 1957, a few days later, defendant returned to the lot to pick, up his car. He agreed to pay the balance of the down payment ($448.80) by check. After a credit statement was taken, defendant said he did not have a cheek on him so the salesman obtained an ordinary blank countercheck which he said he would fill out for him. Defendant gave the necessary information and the agent did the writing. Defendant was asked what bank he wanted it drawn on and he said “The California Bank.” The agent then wrote the name of that bank and defendant then said “No, that is the California National Bank,” so the agent added the word “National” between the words “California” and “Bank.” Defendant was asked what branch and what city and he answered “Vernon and Pacific” Los Angeles, and the salesman wrote that down. He then inserted the date, January 26, 1957, one day predated, because it was Sunday. The name “Carmen-Chrysler-Plymouth, Inc.” was stamped in as payee and defendant signed the check. He then gave it to the salesman, signed an agreement and left with the car. The salesman testified there was no conversation about holding the check or any indication that it was not then good or properly drawn on an existing bank at that address. Defendant told him the funds were there to meet it. The next day the automobile agency tried to call the bank indicated and found there