Jorden

The People appeal from an order granting defendant’s motion to set aside an information charging defendant with issuing a check without sufficient funds, in violation of Penal Code section 476a in four counts.

On June 6, 1961, the People, appellant herein, filed an opening brief. On November 29, 1961, respondent, hereinafter referred to as “ defendant, ’ ’ was given the notice as specified in rule 17 (b), Rules on Appeal. Defendant has not filed a brief or a request for hearing as provided in the Rules.

Dorothy Bowen, employed as a cashier at the Sheraton-West Hotel located in Los Angeles, received the checks marked as People’s Exhibits 1 through 4 from defendant between the period October 1, 1960, and October 3, 1960. Defendant filled out all of these checks in her presence and in return for the cheeks she gave defendant cash which totalled $625.

Robert Ryburn, a witness, was an assistant cashier for the First Western Bank and Trust Company and had access to the books and records of the Santa Maria office of that bank. He testified that he made a search of the books and records of the Santa Maria office of that bank and discovered there was an account in the name of Tim Troy…