Martin

By an information filed by the district attorney of Los Angeles County containing five counts, the defendants were charged with the crime of bribing a witness .and with the crime of conspiracy to commit a crime, to wit: the crime of bribing a witness. On submission of the cause, the jury was advised to acquit on counts one to four, inclusive. However, the jury returned verdicts finding defendants guilty as charged in counts I, III and Y. Thereafter the court granted a new trial as to count III. Prom the judgments of conviction on counts I and Y, and from the order denying their motion for a new trial, defendants prosecute this appeal.

The case has its inception in an automobile accident on ■the Ridge route near Sandberg, in which a machine owned by one Perrone and driven by Richard Machado, collided with a machine owned and driven by one Barnett, at which time the latter, his wife and son were seriously injured. In order to secure compensation from "the insurance company covering Perrone, Barnett put the claim in the hands of the Equitable Adjustments, Inc., of which company the defendants were officers.

There is evidence tending to prove that defendants offered to pay Machado,…