People v. Reichenau

PEEK, Acting P. J. Defendant appeals from a judgment of conviction following a jury verdict finding him guilty of violating section 476a of the Penal Code.

The evidence shows that on November 3, 1958, a joint commercial account was opened at the main office of the First National Bank of Nevada in Reno in the names of defendant and Mary Anne Reichenau, his wife. Except for the initial deposit of $250, no other moneys were deposited in the account. On November 14, 1958, the account was overdrawn. A notice thereof was mailed to the defendant and his wife on November 15, 1958, and a second notice was mailed on November 19, 1958. On November 22, 1958, defendant’s wife presented a check, which forms the basis of the charge, in the amount of $100 to the Susanville Motor Supply of Susanville, in payment of a bill in the sum of $12. The balance of $88 was taken by her in cash. The check was deposited in the supply company’s bank and was later returned with the information that the account was closed. On that same day defendant’s wife presented seven other checks to various merchants in Susanville. In each instance she purportedly paid the bill with a check drawn in an amount substantially greater than the bill and received the balance in cash. Later that same day, with the cash she had so obtained, she paid the sum of $724.51 which represented the balance due on a truck which had been repossessed from the defendant three days previously.

The defendant was not with his wife during any of the transactions of November 22, 1958. Earlier that month, however, he had presented a check in the sum of $200 to the [586]owner of a local welding service in payment of a bill amounting to $89.19 and received the balance in cash. This check also was returned to the payee. In response to a letter from the district attorney’s office, restitution was made by defendant. Admittedly neither the defendant nor his wife had any credit arrangement with the bank to cover the overdrafts. Additionally, there was testimony that defendant had signed some 40 other checks, none of which had been negotiated. A handwriting expert testified that each check passed by defendant’s wife bore the defendant’s signature as maker. The defendant and his wife were arrested on the evening of December 2, 1958, in a small town a short distance from their ranch. Upon returning to the ranch, defendant and his wife were in one car which he was driving, and the arresting officers were following in a second car immediately behind them. Upon reaching his ranch, the defendant suddenly shut off his lights and sped away, effecting an escape. Approximately a week later he and his wife were apprehended in Nevada and were returned to California for trial.