Walker

The defendant was charged with the crime of making, passing, uttering and publishing a fictitious check as defined by section 476 of the Penal Code. Included in the information is a charge of prior conviction of the crime of forgery committed in the state of Missouri. When arraigned upon the information the defendant pleaded “not guilty,” and confessed the prior conviction. Upon his trial he was found guilty “as charged in the information herein—in having uttered, published and passed the check set forth in said information in the manner and form alleged therein.” The defendant was sentenced to a term of fourteen years in the state prison at Folsom, and his appeal is from the judgment of final conviction and the order denying his motion for a new trial.

It is not disputed by counsel for the defendant that the evidence on the whole case supports the finding of the jury that the check was fictitious, and was uttered and published by the defendant; but it is contended that the evidence is insufiieient to warrant the finding of a fraudulent intent on the part of the defendant.

From the evidence offered and received at the trial in support of the case for the people it appears that a…