Rodriguez

The defendant was convicted of conspiracy to commit the crime of burglary (sec. 182, Pen. Code, as amended by the legislature of 1919, Stats. 1919, p. 170), upon an information charging: That he “on or about the 16 th day of March, 1922, . . . , willfully, unlawfully and feloniously did conspire and agree with C. Sílbelo, Vincent Alvarez and Albert Greenwald to commit the crime of burglary, to-wit: By then and there feloniously to burglarize the office of the North Star Mines Company, a corporation, and the said Segundio Rodriguez, in pursuance and furtherance of said conspiracy, and to effect the object thereof, did attempt to pick the lock of the door of the office of the said North Star Mines Company to enter and consummate the purpose of said conspiracy,” etc. The alleged conspirators, with the exception of Greenwald, who was a feigned accomplice, were given separate trials. The defendant appeals from the judgment and the order denying him a new trial.

The legal integrity of the verdict is assailed on several different grounds, the first of which is that Albert Greenwald, charged in the information as a co-conspirator, was the agent of the North Star Mines Company and as such…