Thal

The defendant herein was convicted of the crime of violating the provisions of section 476 of the Penal Code, by making, passing, uttering, and publishing a fictitious check, with intent to defraud one Michel Marclescu. The information upon the second count of which he was tried and convicted was an amended information in two counts which had been presented by the district attorney and filed by leave of court on the day upon which the defendant’s case was called for trial and prior to the impaneling of the jury in the cause. The charge in the original information against the defendant was that of obtaining property under false pretenses. It was in a single count but set forth in detail the transaction out of which the -charge arose, which was alleged to consist in obtaining from one Michel Marelescu the possession of said property, to wit, wood alcohol, by the false and fraudulent representation that he, the defendant, had a deposit in the Bank of Italy in excess of one thousand dollars available for withdrawal by check and by then and there drawing and presenting to. said Michel Marelescu his check for the sum of one thousand dollars, representing the same to be good and valid…