Schneider

Under the provisions of section 476a of the Penal Code, defendant was charged with the commission of the criminal offense of “issuing check without sufficient funds”. From a judgment of conviction and from an order by which his motion for a new trial was denied, defendant has appealed to this court.

On the trial of the action defendant admitted the issuance by him of the check in question; also the fact that in the bank on which the check was drawn he had no funds. In substance, his defense consisted in the claim that the check was issued by reason of an excusable mistake on his part; and in that regard the story told by defendant seemed probable, and the corroborating circumstances appeared to lend substantial support thereto. In effect, it was that, although defendant had no banking account with the bank on which the cheek in question was drawn, he did have an account in another bank; and that in issuing the check on which he was prosecuted, the reason why he had used a check on a bank in which he had no funds was that his employment required him to carry blank checks on many different banks for the use and convenience of persons with whom he transacted business, and that on…