People v. Jorden

JEFFERSON, J. The People appeal from an order granting defendant’s motion to set aside an information charging defendant with issuing a check without sufficient funds, in violation of Penal Code section 476a in four counts.

On June 6, 1961, the People, appellant herein, filed an opening brief. On November 29, 1961, respondent, hereinafter referred to as “ defendant, ’ ’ was given the notice as specified in rule 17 (b), Rules on Appeal. Defendant has not filed a brief or a request for hearing as provided in the Rules.

Dorothy Bowen, employed as a cashier at the Sheraton-West Hotel located in Los Angeles, received the checks marked as People’s Exhibits 1 through 4 from defendant between the period October 1, 1960, and October 3, 1960. Defendant filled out all of these checks in her presence and in return for the cheeks she gave defendant cash which totalled $625.

Robert Ryburn, a witness, was an assistant cashier for the First Western Bank and Trust Company and had access to the books and records of the Santa Maria office of that bank. He testified that he made a search of the books and records of the Santa Maria office of that bank and discovered there was an account in the name of Tim Troy which was closed on September 7, 1960, and that notice was given to the depositor by means of a standard bank form dated September 7, 1960, which stated: 11 This is to advise you that we have this day charged your account at this bank $133.48 as follows; sending you a balance of account because of unsatisfactory relationship.” The copy of this letter, which was retained by the bank, shows that it was addressed to the same address that is set forth in People’s Exhibits 1 through 4. Along with this letter, a cashier’s check in the amount of $133.48 was made out to Tim Troy. This check was deposited to the credit of the payee Troy by the Central Savings and Loan Association and then deposited by it to its account at the Bank of America, San Luis Obispo. The First Western Bank, Santa Maria, was charged with the face amount of that check. It was further testified there was no arrangement for credit under the name of Tim Troy on or about the date, October 1, 2 or 3, 1960.

[273]The evidence in the reporter’s transcript of the preliminary hearing shows that defendant issued four cheeks and that he did not have sufficient funds in the bank at the time he negotiated them for cash. His account had been closed and he had made no arrangement for credit.