Barnard

This cause was prosecuted under an indictment by the grand jury for conspiracy. The action was never tried as to defendant Cook and was dismissed as to defendants Breitkreutz and Cullen. The jury disagreed as to the guilt or innocence of defendant Tune, and defendants Currier and M. C. Barnard were acquitted. Defendants Dunn, Dennison, and W. L. Barnard were convicted and each appeals from the judgment of conviction. There is also an appeal from each of the orders denying the respective motions of the convicted defendants for a new trial.

The portion of the indictment alleging the formation of the conspiracy, with immaterial matters indicated by ellipses, is in the following language:

“The defendants . . . are accused by the grand jury . . . of the crime of conspiracy to commit a felony committed ... as follows, to wit:

“That . . . the said defendants did willfully, unlawfully, fraudulently, feloniously and corruptly conspire, combine, confederate and agree together and each with the other that they would procure the charter of a corporation known as the Los Angeles & Kern River Improvement Company and all of the stock of said corporation which said corporation was then and…