In People v. Yrigoyen (1955) 45 Cal.2d 46, a prosecution for issuing a check without sufficient credit with intent to defraud, proof of guilt was not entirely circumstantial as in People v. Bender (1945), but was based on both direct and circumstantial evidence. Nevertheless, in reversing the lower court, Chief Justice Gibson cited Bender for the proposition that where circumstantial evidence is substantially relied upon for proof of guilt, adequate instructions on the rules governing the application of circumstantial evidence must be given. ( Yrigoyen, supra, at p. 49.) The court cautioned, however, that instruction need not be given, even upon request, where circumstantial evidence is only incidental or corroborative. ( Id., at p. 50.)