Reichenau

Defendant appeals from a judgment of conviction following a jury verdict finding him guilty of violating section 476a of the Penal Code.

The evidence shows that on November 3, 1958, a joint commercial account was opened at the main office of the First National Bank of Nevada in Reno in the names of defendant and Mary Anne Reichenau, his wife. Except for the initial deposit of $250, no other moneys were deposited in the account. On November 14, 1958, the account was overdrawn. A notice thereof was mailed to the defendant and his wife on November 15, 1958, and a second notice was mailed on November 19, 1958. On November 22, 1958, defendant’s wife presented a check, which forms the basis of the charge, in the amount of $100 to the Susanville Motor Supply of Susanville, in payment of a bill in the sum of $12. The balance of $88 was taken by her in cash. The check was deposited in the supply company’s bank and was later returned with the information that the account was closed. On that same day defendant’s wife presented seven other checks to various merchants in Susanville. In each instance she purportedly paid the bill with a check drawn in an amount substantially greater than the…