Kuder

People v. Kuder

Good Law
1928 Cal. App. LEXIS 734·93 Cal. App. 42·269 P. 198
Court of Appeal of CaliforniaJune 29, 1928Docket No. 1539.California3,501 words

Opinion

lead Opinion

Craig, J.

The respondents were tried before a jury in San Bernardino County upon a charge of having violated the Corporate Securities Act, and were convicted. They then moved the trial court for an arrest of judgment, which motion was granted upon the ground that the indictment failed to state facts sufficient to constitute a public offense. The People appealed from such ruling, and respondents moved this court for an order dismissing said appeal, which we denied on April 3, 1928 ( 90 Cal. App. 594 [ 266 Pac. 337 ]). The case is now before us upon its merits.

In the indictment which is the subject of this appeal the grand jury of San Bernardino County accused the five defendants of the crime of violation of the Corporate Securities Act [Stats. 1917, p. 673], “a felony, committed as follows”: And the acts therein alleged to have been committed in violation of said statute were that on or about September 30,1925, the defendants did wilfully, unlawfully, knowingly, fraudulently, and feloniously authorize, direct, and aid in the issue and sale of and cause and assist in causing to be issued, executed, and sold certain stock certificates and securities of a corporation known as Fishelton Farms…

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