Martel

Defendant was charged under section 558 of the Penal Code with knowingly and with intent to deceive, exhibiting to the bank commissioners a false report of the Market Street Bank, as president thereof, wherein it was stated that the capital of said bank theretofore paid in coin amounted to the sum of $102,245, whereas, as it was alleged, the amount of the capital of said bank theretofore paid did not amount to any greater sum than fifty thousand dollars,

Upon trial defendant was convicted!, and upon judgment being rendered duly appealed to this court from the judgment and order denying his motion for a new trial.

The indictment is the one that was passed upon by this court in People v. Nash, 15 Cal. App. 320 , [ 114 Pac. 784 ],

It was not alleged in the indictment nor claimed at the trial that the report, which was made by defendant and Nash to the bank commissioners, was false in any respect other than as to the statement of the amount of the capital paid in coin. It was not alleged, nor claimed at the trial, that the report did not correctly set forth the then assets and liabilities of the bank. The record shows that included in the whole amount of capital stock issued at the…