Rubin

In each of five counts of an information the defendant was charged with the crime of issuing a check without sufficient funds in violation of section 476a of the Penal Code. In a trial by jury the defendant was found guilty as charged in the first four counts. The fifth count was dismissed. The punishment imposed was imprisonment in the state prison for the term prescribed by law. The defendant has appealed from the judgment.

A summary of the evidence will be given. With respect to the first count, Rosalie Mielcarz testified on behalf of the People. She was a teller in the main office of the United California Bank. On or about September 22, 1961, the de fendant presented to her, as a deposit to his account at the bank, a check drawn to his order on the First National Bank of Miami, Florida, for the sum of $300. She saw the check when it was later returned from Miami, together with a notice of protest. Attached to the check was a “return slip” containing the statement “Unable to locate account.”

As to the second count, Mrs. Mielearz testified that on or about October 4, 1961, the defendant presented a check to her as a deposit to his account at the United California Bank. The…