Johansen

The defendants were convicted of violation of the Criminal Syndicalism Act. (Stats. 1919, p. 281.) They have appealed from the judgments of conviction and the orders denying their motions for new trials.

In the month of June, 1923, the criminal syndicalism case of People v. Stewart and others was on trial in the superior court of Sacramento County. The defendant Wood was then a resident of Alameda County and the other defendants herein were residents of Los Angeles County. It does not appear that any of them had ever been in Sacramento County. In obedience to subpoenas regularly issued and served upon them they all appeared as witnesses for defendants in the Stewart ease and testified, among other things, that they were members of the I. W. W. Immediately after leaving the witness-stand, though not in the courtroom or in the presence of the jury, the defendants were arrested and thrown into jail and the indictment herein was thereafter found against them.

It is urged that, since the defendants were in Sacramento County under compulsion, and not voluntarily, they were not willfully and intentionally members of the organization in that county and that, therefore, the superior…