Steele

The appellant was charged with grand theft and with a violation of the Corporate Securities Act, in that on or about July 15, 1933, he “did feloniously sell an instrument in writing evidencing an interest in a profit-sharing enterprise constituting a security under subdivision 7, section 2, of the Corporate Securities Act of the ¡State of California, without the said defendant or anyone having applied for or obtained, from the Corporation Commissioner of the State 'of California, authority or permit so to do”. On the first trial he was acquitted on the charge of grand theft and the jury disagreed on the other charge. A second ■ trial on the charge of violating the Corporate Securities Act resulted in a conviction and this appeal is from the judgment which followed.

It appears that the appellant was the owner or holder of certain placer mining claims located in Inyo County, and also the owner of certain mining equipment. From some time in April, 1933, until July 15, 1933, the complaining witness, Simon Z. Dunn, was associated with the appellant in attempting to work these mining claims under some contractual relationship which is not here material. On the last-named date, these…