Lichtenstein

The defendants, having been jointly tried and convicted of the crime of conspiracy, as defined by section 182 of the Penal Code, under an indictment jointly charging them with that offense, have brought the cause to this court by an appeal from the judgment and the order denying them a new trial.

The assignments against the legality of the verdict are: 1. That the evidence is insufficient to justify the verdict; 2. Erroneous admission of certain testimony; 3. Errors in changing the trial judge during the trial of the cause and before it was completed.

The specific charge in the indictment is that the defendants conspired together for the purpose of manufacturing testimony upon which the defendant, Nat. Lichtenstein, might sue cessfully prosecute an action for divorce against his wife, Anita Peder Lichtenstein, on the ground of adultery with the defendant, Joseph, and, to consummate that purpose, and in pursuance of the said agreement and conspiracy between the defendants, the said Joseph, by artful and deceitful means, induced said Anita to accompany him to a hotel in said city and thence to a suite of rooms therein, which suite contained a bed; that, having inveigled said Anita…