Silver

Robert M. Silver (Silver) was indicted by a grand jury for violation of Penal Code section 476a (issuing a check without sufficient funds with intent to defraud) on March 27, 1973 (count I). Count II charged a violation of Penal Code section 487, subdivision 1 (grand theft of property of a value in excess of $200) on the same date. E. F. Hutton & Company (Hutton) a brokerage firm was the victim of each alleged offense. Silver entered a plea of not guilty and duly waived jury trial. After a five-day nonjury trial, the court found Silver not guilty on count I (issuing check, etc.) and guilty as charged on count II (grand theft, etc.). Silver’s motion for a new trial was denied but his application for probation was granted. Proceedings were suspended prior to imposition of sentence and he was placed on probation for a period of two years on condition, inter alia, that he pay a fine of $2,000. He appeals from the judgment (order granting probation).

Contentions

Appellant contends:

Facts

Silver, an attorney at law, maintained a commodities account at Hutton which was in his name. He and Rose Silver, his wife, ultimately claimed that the account had been opened with her…