Wignall

Defendant was informed against for the crime of criminal conspiracy under the provisions of section 182 of the Penal Code, as amended by Stats. 1919, p. 170, and especially subdivision 4 thereof. It was charged that he conspired with three other persons named in the information to defraud the First National Bank of Yorba Linda of the sum of $827.30. The information in its statement of facts constituting the offense further alleged that the conspirators deposited two certain cheeks, drawn upon a San Francisco bank for the aggregate sum of $2,250, with the former bank, and that they represented that the checks were good, and upon such representations obtained from said bank $300 in cash and a cashier’s draft or check for the sum of $527.30. It was charged that the cheeks first mentioned were worthless, which the conspirators at the time well knew. Of the four men concerned in the transaction it appears that the defendant alone was apprehended, tried, and convicted. His appeal purports to be from the judgment and from an order denying his motion for a new trial.

[1] As to the sufficiency of the evidence to sustain the judgment) no question can well be made. It was shown that four…