Leach

T he appellants Martin A. Leach and Frank Hurlburt, with twenty-five, other persons, were joined as defendants in an indictment containing thirty-nine counts or separate charges. The first count charged all the defendants with a conspiracy to issue and sell mortgage notes and evidences of indebtedness of the Pacific Southwest Loan and Mortgage Corporation without first obtaining a permit from the corporation commissioner and to obtain money and property by false representations in the sale of such mortgage notes. The jury disagreed upon count 1. Each of the other thirty-eight counts charged twenty-six of the defendants (i. e., all but defendant Griffin) with either grand theft or a violation of the Corporate Securities Act. Eight defendants were not apprehended, or at least were not placed on trial. During the trial the charges were dismissed against thirteen defendants, either for insufficiency of the evidence or that they might be used as witnesses for the prosecution. The case was submitted to the jury as to six defendants. Four of these were acquitted. The appellant Frank Hurlburt was convicted upon one charge of grand theft contained in count thirty-eight and he was acquitted…