Henry

Defendant was charged in an amended information with the crime of violation of section 2, chapter 638, Statutes of 1931 (Deering’s Gen. Laws, vol. 2, p. 2545, Act 5130b). Prom the judgment entered on a verdict of guilty and from an order denying his motion for a new trial he has appealed.

It is urged that the evidence does not sustain the verdict, in that it does not show a violation of the act.

C. V. Wellman and Robert J. Herron, two of the principal witnesses for the prosecution, were shown a certain advertisement appearing in a Los Angeles newspaper on or about June 16, 1932, reading as follows: “Continental Travelers Club. We will contact you with reliable people driving in every direction. 629 West Eighth St.; Trinity 0368.” They were told to go to the address given and attempt to buy a ticket from Los Angeles to San Francisco. The address was that of the Morgan Hotel, and on the mezzanine floor they found two gentlemen and a lady, behind desks. A conversation ensued, which they were not permitted to relate while on the stand, the appellant not being present at the time, but it appears that as a result thereof the men proceeded to the Ford Hotel, in Los Angeles, and were…