Kuder

The five defendants and respondents herein were jointly indicted, tried by a jury and convicted of an alleged violation of the 'Corporate Securities Act. (Stats. 1917, p. 673.) The verdict was returned on June 24, 1927, that: “We, the jury in the above entitled action, find the defendants guilty as charged in the indictment.” The trial court fixed June 29, 1927, as the date for sentence. On June 24, after the rendition of the verdict, the defendant E'. B. Fishel filed a motion in arrest of judgment. Thereafter, and on June 29th, Luke, Kuder, and Bedford filed motions to vacate the verdict and for a new trial, and each of the Fishels filed motions for a new trial; on the date last mentioned Kuder, Bedford, and Luke filed motions in arrest of judgment, and on July 1st U. R. Fishel filed a motion in arrest of judgment, at which time all the motions were presented and argued by counsel for the respective defendants. Thereupon a recess was taken until 2 o’clock P. M. of the same day, and the transcript of the clerk of the trial court recites the following order as having been then made:

The motions to set aside the verdict and for a new trial were not acted upon. The district attorney…