McCalla

People v. McCalla

Good Law
1923 Cal. App. LEXIS 311·63 Cal. App. 783·220 P. 436
Court of Appeal of CaliforniaSeptember 28, 1923Crim. No. 971.California4,837 words

Opinion

Lead Opinion

Finlayson, J.

The defendant E. E. McCalla and the E. E. McCalla Company, a California corporation, were convicted of a violation of the Corporate Securities Act (Stats. 1917, p. 673). They appeal from the judgments against them and from the orders denying their respective motions for a now trial. [1] There also is an attempted appeal from the order denying a motion in arrest of judgment, but as that is not an appealable order the appeal therefrom must be dismissed. (People v. Jackson, 138 Cal. 462 [ 71 Pac. 566 ].)

The information contains three counts. The E. E. McCalla Company is not named in the title to the information, nor does that pleading specifically designate the corporation as one of the accused. But the facts alleged in count one are sufficient to show that the corporation, as well as the four natural persons who were expressly made defendants, committed a public offense by violating certain provisions of the Corporate Securities Act. It is expressly alleged in the body of the first count that the B'. E. McCalla Company, having no permit from the corporation commissioner to issue or dispose of its securities, willfully and knowingly, and for a valuable consideration, to wit, $200…

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