Marks

The information filed by the district attorney of the county of Los Angeles in this case contained two counts, count one charging the defendants with conspiring to commit the crime of extortion and count two charging the defendants with conspiring to falsely maintain an action or suit. After a trial had on the information, the jury returned a verdict finding the defendant Nichols guilty under each count of the information and thereafter the court pronounced judgment granting her probation for five years on count one, and sentencing her to the county jail of Los Angeles County for the term of two years on count two. From said judgment and order of the trial court denying her motion for a new trial the defendant Gladys Nichols prosecutes this appeal.

It is the contention of the defendant, first, that the information, although containing two counts, charges but one offense; second, that the evidence introduced by the prosecution is insufficient as a matter of law to sustain the conviction of this defendant upon either count of the information; and third, that the instructions given by the trial court are so inconsistent and confusing that it is impossible to determine which of the…