Reed

Defendant was tried and convicted upon an information charging the violation of section 476 of the Penal Code. From the judgment following the verdict and from the order denying his motion for a new trial he has appealed upon a typewritten record.

The information charged that on the eighth day of September, 1925, in the county of Alameda, the defendant passed a certain fictitious check purporting to be for the payment of money of one E. H. Gould and drawn upon the Farmers and Mechanics’ Bank of Sacramento. The check was dated as if made at Sacramento on September 8, 1925, and was made payable to the defendant. It purported to bear the signature of E. H. Gould, who the prosecution claimed to be a fictitious person. On September 8th the defendant indorsed the check on the back as the payee thereof and delivered it to one Hatherill, who was at the time operating an automobile service station in the county of Alameda and who at the time deducted from the amount of the check the charge for gas and oil which he served to the defendant and then delivered to the defendant the balance called for by the check. Upon his arrest the defendant admitted that he had drawn the check; that he…