Powell

This is an appeal from a judgment of imprisonment upon a conviction of the crime of bribery, and from an order denying defendant’s motion for a new trial.

The information charged defendant with being, at all times therein mentioned, a duly appointed, commissioned and acting police officer of the city of Long Beach, i. e., an “executive officer,” and was in two counts, the first count, by proper and apt allegation, charging the crime of extortion, while the second count charged the crime of bribery— opening with the following statement: “And for a further and separate cause of action, being a different statement of the offense set forth in Count I hereof,” etc. (Italics ours.) A demurrer, both general and special in character, was interposed to the information and by the court overruled. On the issues thus presented the case was tried.

The jury returned two verdicts, one finding the defendant guilty of extortion as charged in count one, and the other finding him guilty of bribery as charged in count two. Defendant moved in arrest of judgment and for a new trial, the motions being granted as to the first count. Thereafter the court, on motion, dismissed the case as to count one,…