Reseigh

Appellant was found guilty of violation of section 476a of the Penal Code of the State of California in that he delivered to George Gallagher a $200 check, knowing at the time that he had not sufficient funds or credit with the bank. On his appeal from the judgment and from the order denying motion for new trial, he does not challenge the sufficiency of the evidence to support the conviction, but claims that certain errors during the course of the trial were sufficiently prejudicial to cause reversal.

It is admitted by appellant that the check was not good. There was evidence that prior to April 13, 1960, the date of the cheek upon which appellant was convicted, seven other checks on the same bank were returned because of insufficient funds, and thereafter 20 checks were unpaid because the account was closed. The police inspector testified that appellant admitted, after his arrest, that when he wrote the particular check in question, he knew it was worthless. He stated that he was not concerned with the checks he had cashed in other states than California, because the offenses elsewhere were misdemeanors. Appellant did not testify at the trial.

Appellant’s first contention is…