McCord

Upon a trial by jury, defendant was convicted of a violation of section 72 of the Penal Code. Her motion for a new trial was granted and the People have appealed from the order granting a new trial.

Section 72 of the Penal Code provides, “Every person who, with intent to defraud, presents for allowance or for payment ... to any county . . . officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony”.

Respondent was the director of the social service department of Contra Costa County. We deem it unnecessary to relate the details of the handling by that department of the case of an elderly indigent by the name of Mrs. Ida Jackson. There were some conflicts in the evidence but there was sufficient evidence including the inferences to be drawn therefrom from which the jury could find that respondent had, with intent to defraud, presented a false and fraudulent claim to the county purchasing agent in the sum of $68.98 for “cash advanced for expenses to MofEatt, Colorado, of Mrs. Ida Jackson”. It is not disputed that the claim to cover the cost of transporting Mrs. Jackson to another state was, if…