Claggett

From a judgment of conviction of the criminal offense known as “the violation of the Corporate Securities Act” (Stats. 1917, p. 673, as variously amended), and from an order by which his motion for a new trial was denied, defendant has appealed to this court. He has also given notice of an appeal from an order “denying his motion in arrest of judgment”.

As far as is here material, it appears that defendant was a lessee of certain gold placer mines, and that in consideration of a certain sum of money by each of several different persons paid to defendant, by ah instrument in writing signed by defendant, he agreed that the person who paid such sum of money was “to have one-twentieth interest in all of the gold and other values recovered from said claim after operating expenses have been paid”; also, “in connection with the other copartners”, defendant agreed “to incorporate the above mentioned copartnership at any time suitable to all of the parties concerned, and at that time party of the second part shall receive 1/20th of the stock in the company to he formed”.

As set forth in the information herein, the particulars of the charge against defendant were that, without the consent…