Appeal, No. 295, Oct. T., 1954, from order of Court of Quarter Sessions of Philadelphia County, June T., 1952, No. 520, in case of Commonwealth of Pennsylvania v. Isadore Bushkoff. Order affirmed.
Hanley S. Rubinsohn, Philadelphia, for appellant.
Samuel Dash, Assistant District Attorney, with him Michael von Moschzisker, First Assistant District Attorney and Richardson Dilworth, District Attorney, Philadelphia, for appellee.
Before Rhodes, P.j., Hirt, Ross, Wright, Woodside and Ervin, JJ. (gunther, J., absent).
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OPINION BY RHODES, P. J.,
This is an appeal by defendant from conviction under an indictment, No. 520, June Sessions, 1952, in
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the Court of Quarter Sessions of Philadelphia County, charging defendant with making and delivering a check on a depositary in which the maker did not have sufficient funds. See Act of June 24, 1939, P.L. 872, § 854, 18 PS § 4854. Defendant waived a jury trial. He was tried before Judge BOK and found guilty. Sentence was suspended and defendant placed on probation for two years on condition that he make restitution in the sum of $3,000.
Appellant now questions the sufficiency of the evidence to sustain the conviction. At the conclusion of the Commonwealth's evidence appellant interposed a demurrer which the trial judge overruled. Appellant then presented testimony on his own behalf. Appellant submitted no motion for new trial or motion in arrest of judgment. Furthermore, in no manner did he question the sufficiency of the evidence in its entirety.*fn1 However, passing any technical objections, there is no merit in any of appellant's contentions. The evidence clearly supports the finding of the trial judge that appellant was guilty of issuing a worthless check. On December 15, 1951, appellant cashed the $3,000 check in question with Chris Schauer, the private prosecutor, trading as Silver Dollar Check Exchange. The check, dated December 6, 1951, was drawn on the Bankers Trust Company of New York City. It was signed by appellant as secretary of ELL-Mes, Inc., made out to appellant's order, endorsed by appellant and delivered to Silver Dollar Check Exchange. An employe of the drawee bank testified that on December 6, 1951, the date the check was drawn, the maker's balance was $262; that the account was closed out on
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December 12, 1951; and that the largest balance between December 6 and December 12, 1951, was $140.84. The private prosecutor deposited the check for collection on December 20, 1951, and payment was refused because the account had been closed.
It appeared that the prosecutor had cashed several checks for appellant prior to December 15, 1951. Usually appellant would cash a check on Friday; the prosecutor would hold the check until Monday, when appellant returned the cash and received his check. Appellant told the prosecutor that he needed the money to meet payrolls, and that by the time he arrived in New York City the banks were closed. Prosecutor testified that there was no agreement with appellant for extension of credit or for a loan; and that he accepted the checks for full value, believing they represented bona fide credits. Appellant testified that his only interest in ELL-Mes, Inc., was that of a $12,500 option; and that he countersigned checks of the corporation to make sure the funds of the ...