Reeves

Truman Reeves, his wife Dorothy, Ernest Stoelting, John Holberton, Earl Lange, Robert Lange, Charles Williams and Merrill Finley were accused by information of conspiracy with each other and “with other persons, names unknown” to violate section 484 of the Penal Code (theft) in violation of section 182 of the Penal Code.

The court granted a motion of Holberton for dismissal under section 995, Penal Code. During the trial, upon motion of the prosecutor that he intended to use Stoelting as a witness for the People, the court discharged Stoelting. The trial proceeded to a jury; Bari Lange, Robert Lange and Williams were acquitted and Truman Reeves, Dorothy Reeves and Finley were convicted. Truman and Dorothy made motions for a new trial which were denied. Finley’s motion for a new trial was granted, his case was submitted to the court and he was acquitted.

Truman and Dorothy Reeves appeal. Their brief advances numerous grounds for reversal of the judgments.

We consider first the consequences which arose from the fact that of the eight defendants charged with conspiracy only a husband and wife stand convicted.

The offense charged was committed in 1963. At that time it was the law…