Britz

Cases consolidated for appeal.

In case No. 5989 the People appeal from an order of the San Joaquin County Superior Court dismissing as to the defendants Britz and Harder counts IV and V of the grand jury indictment.

In case No. 5990 the People appeal from an order of said court dismissing as to defendant Louis Harder count I of the grand jury indictment.

Question Presented

The dismissals were incorrect as there was evidence of intent to defraud.

Record

In case No. 5989 an indictment was filed charging defendants Britz, Harder and Sokol in count I with violation of Penal Code section 182 (conspiracy to bribe an employee of a financial institution); in count II with violation of Penal Code section 639 (bribery of an employee of a financial institution); in count III with violation of Penal Code section 182 (conspiracy to commit grand theft); in count IV with violation of Penal Code section 487, subdivision 1 (grand theft); and in count V with violation of Penal Code section 476a (issuing checks without sufficient funds).

In case No. 5990 an indictment was filed charging defendants Harder and Sokol in count I with violation of Penal Code section 487, subdivision' 1…