Simonsen

The defendants were convicted of the crime of selling a copartnership “security” without a permit from the commissioner of corporations so to do. Defendant Simonsen appeals from the judgment of conviction and from an order denying his motion for a new trial.

It is contended that defendants were not partners and that, therefore, they are not within the provisions of the Corporate Securities Act (Stats. 1917, p. 673, as amended). There was, however, much evidence at the trial which tended to fasten the partnership relation upon them. In fact, the record is so replete in that regard that it is not worth while here to reproduce the showing made. There was some evidence to the contrary, it is true, but the record presents nothing more than a conflict of evidence upon the question. The jury was, of course, within its province in resolving this conflict as it saw fit and its conclusion upon the subject is final.

At the trial defendants offered to prove that they, “prior to the time that any securities were sold or offered for sale, had prepared the form of contract” for such sales, “that they submitted this form of contract to the Corporation Commissioner— . . . that they stated to the…