Alexander

Appellant was charged by information and convicted of having issued and delivered to one Frank Prott a check for the sum of $100, and to a Mrs. Ada I. Bailey a check for $212.50, without having money, funds, or credit at the bank with which to meet them. A motion for new trial was presented, and overruled, and this is an appeal from the ruling upon such motion, and from the judgment.

It appeared from the testimony of the prosecuting witnesses that each of them had advertised an automobile for sale, and that appellant negotiated for the purchase, and obtained possession, of both machines, in each instance displaying a pass-book of the First National Bank of Long Beach, where he claimed to have an account. An officer of the bank was sworn and testified that appellant had some months previously opened an account with said bank, but that he withdrew all but fifty cents on the next day, and that he made no further deposits, and had no account with the bank at the time of giving the checks in question.

Prott testified that the transaction occurred on a Saturday afternoon, and that he hesitated about accepting a check, but that appellant assured him that he was a member of the…