Thompson

Appellant was charged with the crime of wilfully, unlawfully and feloniously uttering and delivering a check drawn on the First National Bank of Covina, California, in the sum of $939.30, with intent to defraud William C. Keller, knowing that at the time he did not have sufficient funds in or credit with the bank to cover the check. The jury found appellant guilty as charged. The court overruled his motion for new trial and sentenced him to serve eight months in the county jail. This appeal is from the judgment and order denying the motion for new trial.

The evidence discloses that on April 17, 1929, appellant was an automobile dealer in the city of Covina, California; and William C. Keller was an automobile dealer in the city of Ontario, California. On this day appellant went to Keller’s place of business and negotiated for the purchase of an automobile. After agreeing upon its price he drew his check on the First National Bank of Covina in the sum of $939.30, payable to the order of Keller. Appellant thereupon left Keller’s office, but returned in a few minutes and asked for a bill of sale of the automobile which was made out and delivered to him. He again left Keller’s office.…