Drumm

Defendant was accused, in two counts, of forgery. He admitted allegations of the information that he had been convicted four times on felony charges (larceny of auto, Missouri; assault with intent to commit robbery, Missouri; issuing check without sufficient funds, California; forgery, California). In a trial by jury he was convicted on both counts. He appeals from the judgment and the order denying his motion for a new trial.

Appellant contends that he was denied due process of law; and that the deputy district attorney was guilty of prejudicial misconduct.

Charles Barnett, the owner of a restaurant in Alhambra, testified: That he had known defendant about four months and had permitted him to “run up” a small bill at his restaurant. On May 31, 1961, defendant, accompanied by a woman and child, ate in his restaurant and offered a check in payment for that bill and also for the bill he owed previously, and asked for the difference in cash. This check, marked Exhibit 1, was for $31, drawn on the First Western Bank, payable to Harvey Drumm, and signed “Ella S. *501 Barnes.” He asked defendant whether the check was good, and told him he would rather wait until he could he paid in…