Stevens

Defendants were charged with a conspiracy to kidnap Mary Fairbanks, known also as Mary Pickford. Defendant Wood was acquitted. Defendants Stevens and Holcomb were convicted. The convicted defendants appeal from the judgment and from an order of the trial court denying their motion for a new trial.

After charging the formation of the conspiracy the indictment set forth the ' following allegation, as an averment of one of the overt acts relied upon for a conviction: That “in pursuance of such conspiracy, the defendants did, on or about the • 5th day of May, 1925, cause the said Adrian J. Wood to purchase a revolver to be used for the purpose of intimidating the said Mary Fairbanks, also known as Mary Pickford, and compelling her to submit to such taking and restraint.” It is contended by appellants that the evidence was insufficient to prove against them the commissimi of the overt act thus alleged. The attorney-general concedes that this point is well taken, and after an examination of the record, we are satisfied that the concession is properly made. There are several reasons which justify this action of the attorney-general, but one only of them need be stated: All evidence…