Madrid

Robert Green Madrid was charged with four offenses of issuing checks without sufficient funds. It was also alleged that he had previously been convicted of a felony, namely, violation of the Jones-Miller Act, 21 U.S.C.A., section *465 171 et seq., and had served a term in federal prison. Trial was to the court, which found Madrid guilty as charged in the information. The prior was proved by evidence whose sufficiency is not in question. Probation was denied and Madrid was sentenced to state prison. He appeals from the judgment.

The evidence consisted of that received at the preliminary hearing and additional evidence introduced at the trial. On March 8th and 9th, 1959, appellant cashed three checks in the amounts of $11, $12 and $18.50 at the S. and A. Service Station ; the following day he presented and attempted to cash a fourth check for $18.50 at the same location but the attendant became suspicious and called the police. The four cheeks were drawn on the Atlantic-Whittier Branch of the California Bank. An official of the bank testified that the records disclosed no open accounts in appellant’s name; there were three accounts that had been closed prior to 1957; the last…