Jones

This is an appeal by defendants, David P. Jones and Weston D. Bailey (hereinafter sometimes respectively referred to as Jones and Bailey), from a judgment of conviction in Contra Costa County for conspiracy to commit the crime of contriving, preparing, setting up and proposing a lottery. (Violation of Pen. Code, §182.)

Questions Presented

1. Did the trial court have jurisdiction of defendants, or either of them ?

2. Did the trial court err in denying defendants’ motion to dismiss for lack of probable cause ?

3. Did the trial court err in overruling defendants’ demurrer?

4. Did the lower court properly instruct the jury ?

The Record

The facts established by the record, most favorable to the People’s ease, are as follows:

Subsequently, in 1961, David was advised by a private investigator that the scheme was possibly illegal, and that he should inform the Attorney General of the projected enterprise. David reported the venture in May of 1961, forwarding all the printing and engraving equipment to the Attorney General's office, and revealing the various events that had unfolded to that point. David’s account of the lottery proposal was contained in a report made by a Special…