Silbelo

The defendant was, by information filed in the superior court of the county of Nevada, jointly charged with Segundio Rodriguez, Vincent Alvarez, and Albert Gnsenwald with the crime of conspiracy, under section 182 of the Penal Code, as amended by the legislature of 1919 (Stats. 1919, ,pp. 170, 171).

The jury found him guilty as charged and he appeals from the judgment and the order denying him a new trial.

The information as originally filed alleged that the parties just named and the defendant, on or about the sixteenth day of March, 1922, in the county of Nevada, “unlawfully and feloniously did conspire and agree ... to commit the crime of burglary, to-wit: by then and there feloniously to burglarize the office of the North Star Mines Company, . . . , and the said Sílbelo, in pursuance and furtherance of said conspiracy and to effect the object thereof, did attempt to pick the loch of the door of the office of the said North Star Mimes Company to enter and consummate the purposes of said, conspiracy,” etc.

Subsequently to the trial and conviction of the defendant’s co-conspirator, Segundio Rodriguez, in whose case an opinion by this court upholding the result arrived at in…