Kasch

Defendant was charged in an information with the crime of issuing a cheek for the payment of money on a bank without having sufficient funds or credit thereat, with intent to defraud.

A plea of not guilty was interposed, a jury waived and the issue of the guilt or innocence of the accused was tried before the court, and the defendant found guilty as charged. A motion for a new trial was presented and denied. The defendant now prosecutes this appeal from the judgment and the order denying that motion.

The defense was an alibi and the testimony is sharply conflicting and irreconcilable. It is the contention of appellant that the evidence adduced by the prosecution does not establish the guilt of the defendant to a moral certainty and beyond a reasonable doubt but on the other hand establishes the innocence of the defendant.

W. II. Davis, the complaining witness, testified that on Saturday,. August 12, 1933, between the hours of 8:30 and 9 o’clock in the evening, a man whom he identified as the defendant called at his house and arranged for the purchase and delivery of certain chicks. Upon that occasion they were together about fifteen minutes, part of that time being in a…