Stewart

The defendant was jointly charged with one Clarence R. Wilson in an indictment returned by the grand jury of San Diego County with the violation of the Corporate Securities Act of the state of California. The indictment contained three counts. The material part of the first count may be thus abbreviated:

The second count, in about the same language, charged a similar sale of 667 units of the same stock to William B. Gross. The third count similarly charged a sale of 1000 units to I. W. and Vitulia E. Randall. The two defendants ' were tried together, the jury finding Wilson not guilty on all counts and Stewart not guilty on the first count and guilty on the second and third counts. The court denied a motion for a new trial and this appeal is from that order and from the judgment.

It appears from the evidence that the California Land Buyers Syndicate was organized under the laws of the state of Delaware, and that it filed its articles in the office of the Secretary of State in California and also in the office of the county clerk of San Diego 'County, where its principal place of business was located. The principal purpose of the company was to buy, sell and deal in real estate.…