MacMullen

The appellants, Florence B. MacMullen and Thomas D. MacMullen, are husband and wife. They were jointly indicted by the grand jury of the city and county of San Francisco with Pansy B. Connor and Herschel M. Connor, who are also husband and wife, and accused of the crime of conspiracy to commit grand theft. Each one of the four defendants entered a plea of not guilty to the charge. They were tried together, and, acting on the advice of the court, the jury returned a verdict of not guilty as to Mr. and Mrs. Connor. After deliberation the jury found the other two defendants guilty. From the order denying their motion for a new trial and the judgment of the court sentencing them to the state prison, they have appealed to this court.

It is contended by the appellants that as a husband and wife are in law regarded as one person, and two persons are necessary to commit the crime of conspiracy, the acquittal of Mr. and Mrs. Connor also entitled them to an acquittal.

That the question thus presented may be better understood, it is undisputed that it is the law that on a charge of conspiracy even though but one person is indicted, the statement of the offense in the indictment must show…