Baldwin

By an information filed January 4, 1961, both defendants were charged in Count I with a violation of section 26104, subdivision (a), Corporations Code (selling a security without a permit) and in Counts III and IV with grand theft; defendant H. Gael Baldwin alone was charged with grand theft in Count II. After a trial by jury defendant H. Gael Baldwin (hereinafter referred to as “Gael”) was found guilty on all four counts and defendant Catalina Baldwin (hereinafter referred to as “Catalina”) was found guilty on Counts III and IV (i.e., found not guilty on Count I). Each defendant’s motion for new trial was denied and each was sentenced to the state prison, the sentences on the several counts to run concurrently. Defendants appeal from the judgments of conviction.

A résumé of the facts set forth in the light most favorable to supporting the judgments is as follows:

A. Facts Relative to Counts I and II:

Mr. Francis, a licensed land surveyor, was introduced to Gael and a meeting took place in April 1958 in Mr. Francis ’ office. Gael stated to Mr. Francis that he was a distributor of pipe lines in South America; that through the Peruvian government he was engaged in a project in…