Wagner

The defendants, Wagner, Brooks, and Russell, were indicted by the grand jury of Sacramento County for the crime -of criminal syndicalism. The defendants, Vargo and Hewitt, were likewise charged with the same offense. The indictment against the first named defendants was presented and filed in the superior court of said county on the second day of March, 1923, and the indictment against Vargo and Hewitt .presented and filed in the same court on the tenth day of August, 1923. The same attorneys represented all the defendants under both indictments. By stipulation between said attorneys and the district attorney, the two cases or indictments were consolidated for the purposes of the trial and, accordingly, the defendants under both indictments were ¡jointly tried.

The jury found the defendants Wagner, Vargo, and Bussell guilty as charged. The record does not appear to show what disposition was made of the cases against the defendants Brooks and Hewitt. This, however, is of no material consequence. A motion for a new trial in behalf of each of the convicted defendants was made and denied, and they appealed from the judgment of conviction anthe order refusing to grant them a new…