Breitenstein

In each of four counts of an indictment, defendant Breitenstein and three other persons respectively named Earle, Ward and Dueey were charged with the commission of the crime of grand theft. Earle was the city engineer of the city of Pasadena; Ward was his assistant, and the two defendants Dueey and Breitenstein were partners engaged in said city in the business of contracting in matters affecting various kinds of street improvements. It appears that two several contracts for street improvement work were entered into between the city of Pasadena and the contracting firm of Dueey & Breitenstein. The evidence adduced on the trial of the action shows that under each of two separate contracts, double payments were made by said city to Dueey & Breitenstein, apparently for “extra” work supposedly not in the contract between the parties, when as a matter of fact such work actually was stipulated therein. Each of such double payments formed the basis of one of the counts in the indictment herein. Each of the other two charges against the defendants arose out of the same two contracts between the interested parties and each was based upon a payment of money to the firm of Dueey &…