Roche

An information was filed in the superior court in and for the county of Alameda charging appellant J. W. Roche with having violated section 476 of the Penal Code in passing a fictitious check with intent to defraud, and, further, that prior to the commission of that offense he had been convicted in the superior court in and for the county of Santa Clara of the crime of forgery, and that pursuant to the judgment upon such conviction had served a term of imprisonment in the California state prison at San Quentin. Appellant pleaded “guilty” to the second, but entered a plea of “not guilty” to the first charge in the information, on which charge he was tried and convicted and by the judgment of the court sentenced to imprisonment in the state prison at Folsom. A motion for a new trial having been denied he appeals from the order denying the motion for a new trial and from the judgment, urging as ground for reversal that the evidence was insufficient to support the verdict.

The facts as shown by the evidence adduced by the prosecution were that appellant on December 1, 1924, in the county of Alameda, indorsed and delivered to one Wong Loy, a Chinese restaurant-keeper, an instrument in…