Prosser

Defendant was convicted of “making, drawing, uttering and delivering a check for the payment of money on a bank, without having sufficient funds in or credit thereat with intent to defraud,” and he has appealed from the judgment. The only defense was insanity, and it is not disputed that the evidence upon that issue is abundantly sufficient to support the implied finding of the jury against appellant, but it is contended that the trial court committed prejudicial error in admitting in evidence a certain purported discharge from the hospital for the insane at Stockton and in refusing to give certain proposed instructions in reference to the invalidity of such discharge and the effect of defendant’s commitment to the asylum. The defendant was adjudged insane upon two different occasions. The first time was in 1915, when he was committed by the superior court of Alameda County to Agnews, whence he escaped after six or seven months. On September 24, 1919, he wás again examined and committed to Agnews by the superior court "of San Francisco, and after escaping and being recaptured he was transferred to the Stockton asylum on March 16, 1920. On June 6th, following, he was paroled and…