King

The defendant was by information filed in the superior court of Sacramento County charged with the crime of drawing, uttering, and delivering to the Zemansky Brothers, a partnership doing business in the city of Sacramento, a cheek for the sum of $1,450 on the First National Bank of Tuba City in Sutter County, knowing that he (said defendant) did not at that time have sufficient funds on deposit or credit with said bank to meet or satisfy said check, the information alleging that said check was issued and so delivered by said defendant with the intent to defraud said Zemansky Brothers. (Sec. 476a, Pen. Code.)

The defendant was convicted of the crime as charged and prosecutes this appeal from the judgment of conviction and the order denying his motion for a new trial.

The appeal was regularly placed upon the calendar of the September term of this court for hearing and the defendant regularly notified by the clerk of this court of that fact. No brief has been filed for or on behalf of the defendant and he was not present or represented at the time the case was called for oral argument. On motion of the attorney-general the case was submitted upon the record. We have examined the…