People v. Smith

Defendant was charged with the violation of section 476a of the Penal Code, consisting in his passing, for a valuable consideration, in the city of Oaldand, a check which he had drawn upon a bank in which he had neither funds nor credit. All the elements of the crime were proved •by the prosecution by competent evidence which was not contradicted. The only defense offered by the defendant was an alibi to the effect that on the day the check was passed he was ill at the home of his mother in the city of Oakland. On this showing the jury found the defendant guilty as charged in the information. He moved for a new trial, which was denied, and he now appeals from the judgment following the verdict and from the order denying his motion for a new trial.

Three grounds are raised on the appeal: (1) That the district attorney committed error in stating to the jury at the opening of the trial that he intended to prove two other similar offenses by the appellant, but that no effort was made to prove these; (2) that the court failed to instruct the jury that statements made by counsel should not be considered as evidence; and (3) that the court should have granted a new trial on the ground…