Oliver

The defendant was charged with the crime of making, drawing, uttering and delivering a cheek upon a bank without sufficient funds to meet the same, the information containing three counts. In the first count it is charged that the defendant on or about the fifteenth day of May, 1930, in the county of Fresno, committed a felony in that he, with intent to defraud- Arthur R. Lind-burg, Inc., a corporation, and also the Fresno Branch of the Bank of America, made, drew, uttered and delivered to Arthur R. Lindbúrg, Inc., a cheek, drawn upon the Fresno Branch of the Bank of America, knowing at the time that he did not have sufficient funds in or credit with said bank to meet said cheek. The other two counts relate to other checks given in the month of June, 1930. The defendant was acquitted on. counts- two and three and found guilty as charged in count one of the information. This appeal is from the judgment, and from the order denying a motion for a new trial.

The first ground urged for a reversal is, that the trial court erred in admitting into evidence what purported to be the original ledger sheet of the bank named, showing the defendant’s account at that bank for the months of May…