Rittenhouse

dissented.

Petitioner’s application for a rehearing was denied April 23, 1942. Edmonds, J., and Carter, J., voted for a rehearing.

Petition for a writ of prohibition directed to the Superior Court of the State of California, in and for the County of Los Angeles, to restrain said court from trying a certain criminal action therein pending against petitioner, or from making any order or taking jurisdiction in said action except to dismiss said case.

Petitioner was charged in the indictment with the crime of bribery in violation of section 68 of the Penal Code. Said indictment contained 61 counts, each of which was in the same language excepting as to dates. Petitioner during the entire time embraced within the accusations of said indictment was a deputy sheriff of the county of Los Angeles, and it was charged in Count One of said indictment that defendant on the 26th day of September, 1938, “did wilfully, unlawfully, corruptly, knowingly and feloniously, ask, receive, and agree to receive of and from John B. Osborne, a bribe, to-wit: the sum of One Hundred Dollars ($100.00), lawful money of the United States, for the purpose of corruptly influencing the action of said defendant, CHABLES BITTENHOUSE, and upon an agreement and understanding that the action of said defendant, CHABLES BITTENHOUSE, upon a matter…