People v. Von Brimer

In a jury trial defendant was convicted of violating section 26104, subdivision (f), of the Corporations Code (selling a security without having a permit). He was also convicted on three counts of grand theft. Proceedings were suspended and probation was granted. Defendant appeals from the judgment, sentence, and order denying his motion for a new trial.

Appellant asserts that the judge was biased against him; the jury was not properly instructed; there were errors in rulings as to admissibility of evidence; the deputy district attorney was guilty of misconduct; and the reporter should have reported the argument of counsel for appellant. Appellant does not contend that the evidence was insufficient to support the verdicts.

Mr. Curry, the victim of the offenses, met appellant as the result of having read a newspaper advertisement. At that meeting in May, 1955, appellant said that he had a plan for developing an area which was about 2% miles east of Palm Springs. Appellant exhibited the lot plan to Mr. Curry and took him to the area and pointed out the lots. Appellant said that he had an option on the lots and that he wanted $15,000 for a half interest in a corporation that he…