MacPhee

This is an appeal from the judgment of conviction of the defendants upon the charge of having violated the provisions of section 182 of the Penal Code relating to conspiracy, and from an order denying a new trial.

The defendants herein, together with a number of other persons, members of the police force of San Francisco, were accused by an indictment of the grand jury of having entered into a conspiracy with one Mike Gallo, and a number of other persons, alleged to have been buncomen, by which the latter were to be given leeway for the perpetration of various frauds and crimes, out of which the police officers involved in the conspiracy were to receive a share of the ill-gotten gains as the reward of their lack of molestation. The two defendants herein demanded that they be tried separately from the rest of the alleged conspirators, and they were accordingly so tried; and, having been convicted, are now prosecuting this appeal.

It is the first contention of the appellants that the indictment is defective in the fact that it charges the defendants with two crimes, viz., a conspiracy under section 182 of the Penal Code, and also the offense of receiving bribes under section 68 of…