Temple

Defendants Charles P. Temple and Fred E. Temple were convicted of the crime of conspiracy to commit grand theft and also upon eighteen counts of grand theft. Each appeals, contending that the evidence was insufficient to support a conviction upon any count of the indictment and complains of alleged errors in the admission of evidence and in the refusal to give certain instructions.

The evidence of conspiracy was circumstantial. The defendants are brothers, Charles P. Temple being a lawyer and Fred E. Temple being a contractor and builder and dealer in mortgages and trust deeds. They had offices together. Fred E. Temple was acquainted with one Louise Kessler, a widow seventy-two years of age, administratrix of her deceased husband’s estate. Although she had an attorney, through Fred E. Temple she became acquainted with his codefendant brother, who was substituted as her attorney as administratrix on September 22, 1932. He soon took control of her property and business and caused her to file a certificate that she was doing business under the fictitious name of Kessler Holding Company,' for which company Charles P. Temple commenced the transaction of business under a power of…