Kizer

People v. Kizer

Good Law
1913 Cal. App. LEXIS 69·22 Cal. App. 10·133 P. 516
Court of Appeal of CaliforniaApril 28, 1913Crim. No. 274.California4,485 words

Opinion

Lead Opinion

Allen, J.

Appellants and others were, by the verdict of a jury, found guilty of a criminal conspiracy to violate an ordinance of the city of San Diego, which ordinance, containing an emergency clause, was enacted January 8, 1912, and by its terms it was made unlawful to hold or conduct public meetings or make public speeches within certain defined limits of said city. Such conspiracy was alleged and found to have been formed between January 8 and February 8, 1912, and the violation of said ordinance occurred on February 8, 1912. From the judgment entered upon such verdict, and from an order denying a new trial, defendants Kirk and McKee appeal.

No question is presented either as to the sufficiency of the indictment or the validity of the ordinance. There is, however, a general claim of appellants as to the insufficiency of the evidence to support the verdict. Neither counsel in their briefs have specified any portions of the record from an examination of which this general claim can be determined. It has been left for this court to cull from 1932 pages of typewritten transcript statements and matters in evidence affecting this general claim. This transcript contains arguments of counsel…

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