Bartlett

People v. Bartlett

Good Law
18 Cal. Rptr. 480·1962 Cal. App. LEXIS 2819·199 Cal. App. 2d 173
Court of Appeal of CaliforniaJanuary 16, 1962Crim. 1588California884 words

Opinion

Opinion

Griffin, J.

This action arose out of a grand jury investigation concerning certain alleged problems existing in the City of Elsinore. (See Michaels v. Superior Court, 184 Cal.App.2d 820 [7 Cal.Rptr. 858]; People v. Kegley, 198 Cal.App.2d 501 [ 17 Cal.Rptr. 784 ].) The grand jury transcript consisted of 960 pages. There were 67 exhibits. Less than 25 pages of transcript and only one exhibit related directly to the present indictment of these defendants. The defendants were city councilmen, including the mayor, and were charged with the crime of conspiracy in that on September 8, 1959, they feloniously and knowingly conspired to “wilfully and unlawfully violate the terms and provisions of a water permit issued by the State Department of Public Health of the State of California, said permit issued in accordance with the provisions of the Health and Safety Code” in violation of section 4032 thereof. Five overt acts are charged: (1) that they -met at a regular session of the city council on September 8, 1959; (2) that Councilman Macy proposed a resolution that the water superintendent be instructed to fill the reservoir with 100 per cent mineral water; (3) that Councilman McAdams then seconded the…

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