Greenwood

This is an appeal from a judgment of conviction of a violation of section 476a of the Penal Code (writing a check without sufficient funds), and the order denying a motion for a new trial.

In an information filed in Los Angeles County on October 4, 1961, it was charged in effect that appellant on March 6, 1961, unlawfully drew and delivered to Karl Fandrich a check for the payment of $300 upon the United California Bank, knowing at the time that there were not sufficient funds in the bank to meet the check, and further that he intended to cheat and defraud Fandrich and the bank. Appellant pleaded not guilty and a trial was had before a jury. He was found guilty as charged. A motion for a new trial was made and denied. Appellant was then sentenced to six months in the county jail, sentence was suspended and he was placed on probation for three years, a part of the terms thereof being that he make restitution, that he support his dependents, seek employment, abstain from drinking alcoholic beverages, and do away with any checking account.

The appeal is from the judgment and from the order denying the motion for a new trial.

A résumé of some of the facts is as follows: Fandrich…