Shafer

On each of five counts contained in an information filed against him, defendant was convicted of the offense of “violation of the Corporate Securities Act” (Stats. 1917, p. 673, as variously amended). From the ensuing judgment, as well as from an order by which his motion for a new trial was denied, defendant has appealed to this court.

It appears that defendant was the owner of a certain patent-right which related to an amusement device, and that, without first having procured a permit from the commissioner of corporations so to do—as evidenced by an instrument in writing—defendant sold to each of several persons a 1/100 interest in said patent-right, and that one of the provisions of said instrument of sale was the following:

The prosecution of defendant was based upon the contention that, without first having obtained the required permit so to do, under the condition expressed in said instrument the sale of an interest in the patent-right constituted a violation of that portion of the act which in substance forbids the issuance of a “certificate of interest in any profit-sharing agreement”.

Appellant first contends that the evidence was insufficient to support the judgment…