Costello

Defendant was charged in four counts with violations of Penal Code section 476a (issuing cheeks without sufficient funds).

Counts one and two charged defendant with issuing checks of $150 and $146.16 respectively. In counts three and four, dealing with checks of $27.50 and $15 respectively, it was also alleged that before the commission of the offense set forth in the count, defendant was convicted of issuing checks without sufficient funds in March 1945. The information also alleged a prior felony conviction, to wit, grand theft in 1951. Defendant pleaded not guilty and denied the prior conviction. The jury returned verdicts of not guilty as to count one; guilty as to counts two, three and four. The jury also found the alleged prior conviction of a felony to be true. Defendant’s motion for a new trial was denied, as was probation, and defendant was sentenced to state prison for the term prescribed by law. Defendant appeals from the judgment of conviction.

The evidence reveals that on June 2, 1962, defendant gave Dan Kohn two checks each dated June 2, 1962, in amounts of $150 (Count I) and $146.16 (Count II), signed by defendant as payor,drawn on the United California Bank, San…