Turnbull

This is an appeal by the people from a judgment sustaining a demurrer to an indictment. The *631 indictment is based upon an alleged violation of section 165 of the Penal Code, which reads as follows: —

The defendant, by the indictment, is charged with offering a bribe “to one E. E. Giddings, a member of the board of directors of a corporation, to wit, Alta Irrigation District, with intent to corruptly influence,” etc. It is insisted that the words “member of aboard of trustees of a corporation ” are not broad enough to include a member of a board of directors of a corporation. Section 4 of the Penal Code reads: —

Section 958 of the Penal Code is as follows: —

Construed in the light of the foregoing provisions of the statute, it necessarily follows that in the use of the word “trustee,” in said section the legislature intended that it should be applied in it widest and broadest sense. In Farmers’ Bank v. Downey, 53 Cal. 468 , 31 Am Rep. 62, it was decided that the directors of a corporation were its trustees, and the decision is supported by abundant authority. It is insisted that the word “ corporation,” as used in the section, has no reference to private corporations, but…