Shawn

Appellant was charged by an indictment, tried before a jury and found guilty of the crime of criminal conspiracy, in that he, together with others, conspired falsely and maliciously to procure one Walkup to be charged and arrested for the crime of resort ing, a violation of a city ordinance of the city of Los Angeles, and for the crime of drunkenness, also a violation of a city ordinance of the same city. Appellant appeals from the order of the court denying his motion for a new trial and also from the judgment as against him. The indictment charged appellant with criminal conspiracy as defined by subdivision 2 of section 182 of the Penal Code, which reads as follows: “Criminal conspiracy defined. If two or more persons conspire: ... 2. Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime; ...”

Appellant’s first specifications of error are that the evidence produced at the trial was insufficient to establish the essential elements of the crime as charged and that aside from the testimony of Helen Lee, an admitted accomplice, there is no evidence to connect appellant with the crime charged, there being a lack of…