Wheaton

The appellants, James Wheaton and Calvin Rowell, together with William A. Bringhurst, Willard Thompson, and Jess Wendell, were indicted by the grand jury of the county of Los Angeles for the crime of murder, alleged to have been committed on the sixth day of December, 1921. Upon motion of appellants, the court ordered that Wheaton and Rowell be tried separately from their co-defendants Bringhurst and Thompson. Wendell was never arrested. The jury found appellants guilty of murder in the first degree and fixed their punishment at imprisonment in the state’s prison for life. Prior to judgment appellants made a motion for a new trial, which was denied. This appeal is from the judgment of conviction and from the order denying appellants’ motion for a new trial.

The indictment was in two counts and charged the five defendants with the murder of Harry Clester in one count and with the murder of W. L. Brett in the other. The deceased were policemen of the city of Los Angeles and were on duty at the time of their deaths.

The defendant Rowell on the afternoon of December 6, 1921, met defendant Jess Wendell at Hermosa Beach, where they were both residing at the time. Rowell was driving a…