Keyes

The defendants appeal from a judgment convicting them of the crime of conspiracy and from an order of the trial court denying them a new trial.

The indictment under which appellants were prosecuted charges them with a criminal conspiracy “to commit the crime of giving and offering a bribe in violation of the provisions of section 67 of the Penal Code, a felony, and the crime of asking, receiving and agreeing to receive a bribe in violation of the provisions of section 68 of the Penal Code, a felony. ...” The pleading then alleges that during the times mentioned therein appellant Keyes was the district attorney of the county of Los Angeles, that there were pending in the Superior Court of the county three criminal actions, one against C. S. Lewis, Jacob Berman, alias Jack Bennett, appellant Rosenberg and others, the second against E. L. Rouse, appellant Rosenberg and others, and the third against Jacob Berman and others, and that appellant was charged with the duty of prosecuting the three actions.

The nature of the conspiracy—and it will be observed that but one conspiracy is mentioned in the language above quoted—is thus, with the omission of unnecessary verbiage, more…