Southwell

Appellant after conviction before a jury was sentenced to serve a term of imprisonment in the state penitentiary. He appeals from the judgment and from an order denying his motion for a new trial.

The indictment under which appellant was tried charged that, while acting as marshal of the city of Imperial, he received from one Coulter twenty dollars as a bribe upon the understanding and agreement that he would not arrest certain women of ill repute who were residing in and “plying their trade” in the city of Imperial and in the house of one Mrs. Martin. It was charged that the money was paid with the understanding that the agreement mentioned should be in force for a period of one month. The crime was alleged to have been committed on or about the fifth day of June, 1914. The man Coulter, being called as a witness, testified that he had an understanding with appellant that, in consideration of the payment of certain money by the inmates of houses of prostitution, appellant would refrain from arresting such persons of ill fame; that he (Coulter) agreed to make the collections of the money with the further understanding that he would be allowed by appellant to operate a “blind pig,”…