Lips

By indictment it was charged that defendant, jointly with one W. J. Anderson, did “willfully, unlawfully, corruptly, knowingly and feloniousy ask, receive, and agree to receive of and from J. M. Furay and Mrs. Dede Furay” a certain bribe for the purpose of influencing their action officially as deputy sheriffs. The charge was based upon the provisions of section 68 of the Penal Code. Defendant was tried separately and now appeals from a judgment of conviction rendered against him.

Appellant’s first contention for a reversal of the judgment is founded upon the palpable misstatement that “The bribery charge in the indictment is based merely upon an agreement between Mrs. Furay and Lips and Anderson and nowhere in the evidence is there any evidence that Mrs. Furay ever made any agreement with either Lips or Anderson.” Our quotation of a part of the terms of the indictment, made above, will demonstrate how erroneous is counsel’s conception of its effect. The agreement mentioned in the charge was said there to have been made between Furay and Mrs. Furay on the one side and Lips and An derson on the other, not merely between the latter two and Mrs. Furay. .The point made by appellant…