People v. Kennedy

Walter Kennedy was accused by information, in separate counts of four offenses of issuing checks without sufficient funds, namely, on October 28, 1960, a check for $25, on October 29, 1960, a check for $15, on October 29, 1960, a check for $25 and on October 30, 1960, a check for $20. In a jury trial in which he was represented by the public defender Kennedy was convicted and sentenced on all counts to state prison, the sentences to run concurrently. He appealed from the judgment in propria persona and filed what purported to be a brief. We inquired of the deputy public defender who represented defendant at the trial whether, in his opinion, there was ground for the appeal. Upon receipt of his reply we appointed the public defender as counsel on the appeal.

Upon the stand defendant admitted cashing the checks, claiming that one Payne, whom he met while both were on parole, had told him that he, Payne, had opened an account in their joint names with a deposit of $365; Payne then owed him $165; Payne had given him no signature card to sign, and he had signed none. All the checks were dishonored.

The question on the appeal is whether defendant was properly convicted of more than…