Kawano

This is an appeal from a judgment of conviction under section 476a of the Penal Code, and from an order denying a motion for a new trial.

Defendant was charged by information with having made, drawn, uttered and delivered to the Commercial Bank of San Luis Obispo a certain check for the sum of $15 on the First National Bank of Los Angeles, with intent to defraud said Commercial Bank, knowing that he did not have sufficient funds or credit with said First National Bank to meet the same. The evidence showed that on March 5, 1918, the defendant presented to the Commercial Bank a blank check of the First National Bank and “wanted to get $15.” The teller thereupon filled in the check for that amount to the order of his bank and the defendant signed it. The teller refused to cash the check without the signature of an indorser thereon, and defendant took it away and secured the indorsement of one Kurokawa thereon, after which, on the same day, he brought it back to the Commercial Bank, delivered it, and received the cash on it. The check was returned unpaid and was never paid by the First National Bank, but the amount thereof was later paid to the Commercial Bank by the indorser,…