Shurtleff

Defendant was tried jointly with Collier, Davis and Gardella upon an indictment framed in four counts, the first of which charged a conspiracy to ask and to receive' bribes, the other three charging completed acts of bribery. During the course of the trial the offense charged in count three was dismissed and the jury returned a verdict finding all the defendants guilty on the first count and all not guilty on counts two and four. On separate appeals from the judgment and from the orders denying new trials we affirmed as to defendants Collier and Davis and reversed as to defendants Shurtleff and Gardella. (People v. Collier et al., 111 Cal. App. 215 [ 295 Pac. 898 ].) Within time a rehearing was granted as to defendant Shurtleff to enable us to give further consideration to the evidence corroborative of this defendant’s participation in the conspiracy.

The evidence of the alleged conspiracy is recited at considerable length in People v. Collier, supra, and we do not deem it necessary to republish it here or to say more than that it tended to prove that the three defendants—Collier, Davis and Shurtleff—who were deputies in the office of the sheriff of Alameda County—joined with one…