Becker

Defendant appeals from a judgment of conviction of the crime of “issuing bank check, with intent to defraud”, as denounced by the provisions of section 476a of the Penal Code, as well as from an order by which his motion for a new trial was denied.

Essentially, the facts upon which the conviction of defendant depended were that on a certain Saturday afternoon, in payment of the price of a watch which he had purchased, defendant issued a check on a bank in which he had neither funds, an account, nor credit. In his defense, in effect, defendant testified that prior to issuing the check he had made an arrangement with a Mrs. Zoll, from whom he was to obtain a specified sum of money largely in excess of the amount of the check in question, and that with such money he -had intended to open an account with the bank on the following Monday;—which would be the first business day after- the check was issued. In attempted corroboration of the testimony of defendant in that regard, the transcript of the proceedings at the trial of the action discloses that defendant introduced Mrs. Zoll as a witness in his behalf, and that after certain preliminary questions had been answered by her, the…