Fisher

The defendant was convicted of the crime of issuing checks without sufficient funds, having the intent to defraud under section 476a of the Penal Code. The allegation of the information was that the defendant with intent to cheat and defraud Dan O’Neill and Security-First National Bank drew the check upon the Security-First National Bank, The appeal is from a judgment of conviction and from the order denying a new trial.

The first and primary contention of the defendant is that there is an entire absence of any evidence of intent to defraud O’Neill or the bank as alleged in the information. In this behalf the defendant contends that the evidence shows that 0 ’Neill was a cashier with the Title Insurance and Trust Company; that the dealings of the defendant with O’Neill were in O’Neill’s capacity as cashier and that if the defendant had any intention to defraud any person or corporation, it was the title company, and that the moneys obtained were the moneys of the title company. Under the circumstances in evidence any one of the three might have suffered the loss. The mere fact that there was evidence to indicate that the bank and O’Neill suffered no loss and that the title…