Monks

—Appellant made numerous declarations against interest,, some of them amounting to confessions, which, if taken as true, amply established her guilt. The real question on this appeal is whether or not the corpus delicti of each crime of which she was convicted was sufficiently proved to permit the introduction of these confessions in evidence.

The check given to C. S. Dorman was dated February 16, 1932, made payablé to Dorman’s Auto Equip., and was protested on April 20, 1932, the reason given for nonpayment was “Account Closed”. The Felix Morette check ■was dated April 1, 1932, and was protested July 29, 1932, the reason for its nonpayment being given as “No Funds”.

We do not think it necessary in this case to lay down as a general rule without exception that the protest of a check several months after it was passed is sufficient to establish the corpus delicti, especially when the protest states as a reason for nonpayment that the account upon which it was drawn had been closed.

The overwhelming evidence of the flight of appellant after passing each of the two checks, under circumstances showing a guilty knowledge on her part, should constitute sufficient evidence of the…

Appellant and one Wiley L. Watson were jointly tried upon an,amended information filed hy the district attorney of San Diego County charging them with having issued checks without sufficient funds in violation of section 476a of the Penal Code. The information contained four counts and the appellant was convicted on counts two and three. This is an appeal from the judgment of conviction and from the order denying appellant’s motion for a new trial. The grounds upon which appellant relies for a reversal of the judgment' and order denying her motion for a new trial are as follows:

It appears, in substance, from the evidence that the appellant at the time of the commission of the alleged offense was the wife of and living with one Allan B. Monks, the marriage ceremony having been performed December 19, 1930. Apparently Monks, at one time, had been a man of considerable attainments and education. However, at this time he had lost his reason to a degree bordering on idiocy, and he was under the influence of, and his person and acts were entirely controlled by, the appellant. Furthermore, the evidence showed that a trust fund had been established in Boston, Massachusetts, for Mr.…