Bowles

The defendant was charged by information filed by the district attorney of Riverside County with the crime commonly known as “issuing a bank check Avithout sufficient funds.” The information also charged the defendant with having suffered two prior conAÚctions of felonies. A plea of not guilty was entered to the check charge. As to the charges of prior convictions, the defendant asserted that they were untrue.

The jury returned a verdict, of guilty as to the check charge and found that each of the prior convictions charged was true.

It appears without conflict that the defendant on Saturday, August 11, 1928, about 2 o’clock in the afternoon, entered the store of the Franzen Hardware Company in Riverside and negotiated for the purchase of certain merchandise. Before the sale was consummated, he made inquiry as to whether or not the store would accept a check which he had in the sum of $85 drawn upon a Los Angeles bank by one E. M. BurgAvald, and made payable to F. E. Nesbit, the name under which the defendant was going in Riverside. Defendant stated that he had recently come to Riverside and had rented a house on St. Andrews Boulevard ; that his family would arrive a few days…