Kaiser v. Mansfield

Appellant was charged with issuing a check without sufficient funds (Pen. Code, § 476a). It was alleged in the information that the appellant J. R. Leon, also known as Jerome F. Moki, on or about July 25, 1956, with intent to defraud the Bank of America, Upland Branch, and the Bank of America, Sixth and "K" Branch, Sacramento, California, made, drew, uttered and delivered to Aase Gram and Bank of America, Upland Branch, a check in the sum of $75, knowing at the time that he had neither sufficient funds in or credit with said bank for the payment of said check in full upon its presentation. Four prior felony convictions were also alleged in the information. Appellant entered pleas of "not guilty" and "not guilty by reason of insanity," admitted one of the prior convictions alleged and denied the others. Trial by jury was waived and the court found appellant guilty as charged. The three prior convictions denied were found to be true and appellant was sentenced to imprisonment in the state prison. There was no disposition made by the court of the issue raised by the plea of "not guilty by reason of insanity."