Waltreus

Eugene R. Waltreus and Loye 0. Maushardt were accused by information in count I of soliciting the offer of a bribe in violation of section 653f of the Penal Code, in count II of attempted grand theft and in count HI of conspiracy to commit grand theft. In the preliminary hearing they were bound over for trial. They made a motion under section 995 of the Penal Code for dismissal of the information, which was denied. They sought a writ of prohibition in: the District Court of Appeal, which was denied. In a nonjury trial, defendants were found not guilty under count I, but were convicted under counts II and III of the information. They made a motion for new trial, which was denied and they were sentenced separately on each of counts II and III, the sentences to run concurrently. Defendant Waltreus appeals from the judgment and from the order denying his motion for new trial.

The points on appeal are: (1) a witness was improperly permitted to remain in the courtroom during the preliminary examination; (2) the evidence at the preliminary was insufficient to show probable cause that a crime had been committed ; (3) there was error in the exclusion of evidence upon objection by the…