Horowitz

At the conclusion of a juryless trial, appellants were convicted of the offense stated in count I of the complaint; count II was dismissed. It is upon the dismissal of count II that appellants pin their hope of a reversal. They contend that if they were not guilty of the charge set forth in the second count, they were not of that contained in the first, and that as the dismissal operated as an acquittal of the one charge, their conviction of the other cannot stand. We find this position untenable.

By three complaints the ten appellants were charged with the same offenses, except for some variation in the dates when the offenses were alleged to have taken place. As illustrative, we may take the two counts placed against eight of the defendants, by which they were accused in count I of violating section 1, Los Angeles city ordinance No. 60587 in that they did, “as owners, managers, producers, directors, actors and agents and in other capacities give, direct, present and participate in, an indecent, obscene, immoral, and impure drama, play, exhibition, show and entertainment, within the presence and hearing of divers youths and others at that certain theatre and playhouse located at…