Davis

The information herein charges that the defendant “made, uttered and published and passed a fictitious check,” drawn on the Sacramento Branch of the Bank of Italy. He was convicted and bis motion for a new trial was denied. This appeal is from the judgment of conviction and the order denying a new trial. In appellant’s opening brief it is said:

During the examination by Mr. Johnson, deputy district attorney, of a police officer relative to a conversation between the officer and the defendant concerning the check in question, the following occurred:

Appellant contends that “guilty knowledge and intent to defraud are of the corpus delicti” and “cannot be established by extrajudicial admissions or confessions of the defendant” alone. Defendant’s guilty knowledge and intent to defraud are clearly shown by his conduct in connection with the fraudulent transaction, without reference to his admissions or confession.

No evidence was introduced to show that the defendant’s confession was free and voluntary. Neither did the defendant even suggest at the trial that the confession was not voluntary. The objection quoted, under the circumstances shown, was insufficient. There was nothing in…