Scofield

By grand jury indictment defendant-appellant H. Edward Scofield, along with Dr. Everett W. DeLong (Dr. DeLong) and Freda Mae Nelson (Nelson), was charged with presenting a fraudulent insurance claim to the Aetna Casualty and Surety Company (Aetna) on or about June 1, 1962, in violation of Insurance Code section 556, subdivision (a). After a jury waiver (a subject of contention on appeal) the matter was submitted on the transcripts of the preliminary hearing and of the grand jury indictment proceedings. Defendant was found guilty of attempt of violation of section 556, subdivision (a) of the Insurance Code, a lesser and necessarily included offense and sentenced to 90 days in the county jail.

The trial court stated that it had examined grand jury exhibit No. 20 and had read the testimony of Harold E. Crozier, Jr., (Crozier), Dean C. Dunleavy (Dunleavy), Claris Von Berg (Von Berg), Ann Moran (Moran), and Mary DuBois (DuBois). Exhibit 20 consists of several bills for treatment rendered to Nelson. Two are from Doctors Hall and Matzen for radiology. One (hereinafter referred to as the May 18 bill) is addressed to defendant and consists of six pages. The first three pages,…