Chapman

In count one of the indictment, Dr. Leonard R. Chapman (hereinafter referred to as defendant), Bertha L. Underwood and Walter Schroeder were accused of conspiring to violate Penal Code, section 484 (theft), Health and Safety Code, sections 26285 (adulterating and misbranding a drug or device), 26286 (disseminating false advertising about a drug), and 26286.5 (advertising a drug represented to have affected certain diseases) and Business and Professions Code, section 17500 (disseminating untrue or misleading statements). The indictment set forth 12 overt acts allegedly committed during this conspiracy. In count two, the same defendants were accused of grand theft in violation of Penal Code, sections 484 and 487, in that they took more than $200 from Harry and Rettie Mae Patous. In count three, the defendants were charged with grand theft, in violation of Penal Code, sections 484 and 487.1, in that they took more than $200 from Joseph T. Johnson.

After a jury trial, Chapman and Underwood were found guilty as charged. Defendant made a motion for a new trial, which was denied. The court suspended imposition of sentence for 10 years on condition that defendant not engage in the…