Busick

In an indictment returned' by the grand jury of Los Angeles County on March 15, 1937, 358 defendants, including the 22 appellants herein, were charged with the offense of conspiracy to violate sections 418 and 594 of the Penal Code of the State of California. The defendants demurred, both general and special, and at the same time a motion was made to set aside the indictment. The demurrer was overruled and the motion denied. At the trial when the first witness was called and sworn, defendants objected to the introduction of any evidence, basing the objection substantially on the same grounds that were urged in connection with the demurrer and the motion to set aside, which objection was overruled. At the conclusion of the People’s case defendants moved to quash the indictment upon all of the grounds previously stated in the demurrer and motion to set aside the indictment, which motion was also overruled. The defendants were adjudged guilty and motions in arrest of judgment and for a new trial were denied.

Defendants appeal from the judgment and from the order denying the motion for a new trial.

Inasmuch as one of appellants’ principal contentions is based on the alleged…