Kuder

This case was before us on motion to dismiss an appeal by the People (People v. Kuder et al., 90 Cal. App. 594 [ 266 Pac. 337 ]), and upon the merits of that appeal, the same being from an order granting a motion in arrest of judgment (People v. Kuder et al., 93 Cal. App. 42 [ 269 Pac. 198 ; Id., 93 Cal. App. 55 [ 269 Pac. 630 ]).

It appears that during the month of July, 1925, a corporation named Fishelton Farms, Incorporated, was incorporated under the laws of this state by J. M. Kuder, Edward B. Fishel, U. R. Fishel, C. G. Luke and Stephen Bedford, appellant herein. In August of the same year, by a petition verified by J. M. Kuder, filed with the commissioner of corporations, it was recited among other things that the corporation was organized with a capital stock of $25,000, divided into 250 shares of the par value of $100 each, which the incorporators agreed to subscribe and pay for in cash, and prayed leave to issue and sell the whole thereof to said incorporators at par, without payment of brokerage. A permit was thereafter issued, authorizing Fishelton Farms, Inc., a California corporation, to sell and issue to its five incorporators an aggregate of 250 shares of its…