Bailey

The defendants were jointly tried under an indictment found and presented to the superior court of Sacramento County by the grand jury of said county, charging them with the crime of “criminal syndicalism.” The charge was based on subdivision 4 of section 2 of the Criminal Syndicalism Act. (Stats. 1919, p. 281. See, also, People v. Roe, 58 Cal. App. 690, 692 [ 209 Pac. 381 ]; People v. Wagner et al., 65 Cal. App. 704 [ 225 Pac. 464 ].) The jury found each of the defendants guilty as charged, and they have brought the case here by appeals from the judgments and the orders denying them a new trial.

The verdicts are assailed on the grounds that there is no evidence which affords them sufficient support; that errors of a highly prejudicial character were committed by the trial court in rulings admitting and excluding certain evidence; that the court, during the progress of the trial, was guilty of misconduct which seriously militated against the rights of the accused in the trial of the charge against them, and that certain instructions proposed by the defendants were erroneously and to the positive prejudice of the rights of the accused disallowed.

The record here, in so far as its…