Collier

The defendants were tried jointly on an indictment framed in four counts, the first of which charged conspiracy to ask and receive bribes, the other three charging completed acts of bribery. During the course of the trial the offense charged in count three was dismissed and . the jury returned its verdict finding the four defendants guilty on the first count and not guilty on counts two and four. From the judgment on the verdict and from the orders denying their motions for a new trial the four defendants appeal upon a typewritten record. Each defendant was represented by individual counsel at the trial and each has filed separate briefs on this appeal requesting that any point raised by others be available to him. Upon some of the issues presented on the appeal the legal considerations are applicable to all appellants, but in most instances the circumstances are such that each appellant must be treated separately.

The story of the conspiracy originates in the testimony of Fred Smith, a co-conspirator. In the general election of 1926 a bitter contest was waged in Alameda County between B. F. Becker and.Barnett, the incumbent, for office of sheriff in which Becker was successful.…