Clensey

An indictment was returned by the grand jury of Los Angeles County charging the defendants Arthur Clensey, William Woods, Horace Miles, Walter Bucan, Carol Morris, Stewart Jones, Malcolm Jones, Julius Becker, H. L. Cokes, and Charles Swafford in count one thereof with the crime of criminal conspiracy to commit robbery and in court two with the offense of robbery. The defendants Bucan, Morris, and Stewart Jones were not apprehended. During the trial, count one of the indictment was dismissed as to the defendants Cokes and Swafford. Count two was dismissed as to the defendant Malcolm Jones at the conclusion of the taking of evidence. The jury found the defendant Julius Becker not guilty, but returned a verdict of guilty against the defendants Arthur Clensey, Horace Miles, and William Woods. These last-named defendants prosecute this appeal from the judgments pronounced upon the verdict and from the order denying their motions for a new trial.

The first contention urged by appellants is that by count one of the indictment and its dismissal during the trial of the cause the appellants were placed once in jeopardy and hence they could not be prosecuted or convicted of the crime of…