Lombard

Appellants are jointly charged in four separate counts in an information filed by the district attorney of San Bernardino County of the crime of (1) criminal conspiracy; (2) attempt to extort money or property; (3) attempt to kidnap for purpose of extortion, and (4) criminal conspiracy. Counts 2, 3 and 4 were based on another and different transaction from that set forth in count 1. At the close of the People’s case the two criminal conspiracy charges were dismissed by the court on motion of the district attorney. The jury were left to consider the guilt of each defendant on the charges of (1) attempt to kidnap for purposes of extortion, and (2) attempt to extort money or property. The jury were instructed by the court that they could not find the defendants or either of them guilty of both charges, but could, if the. evidence warranted, find them guilty of one or the other. By their verdict the jury found them guilty of the crime of attempt to kidnap for purposes of extortion. Prom the judgments of conviction and the orders denying their motions for a new trial the appellants prosecute this appeal upon the grounds: (1) ■that the verdict is contrary to the evidence and the weight…