Newman

An information was filed in which the appellant Elijah Newman and a person named Plelen Hendrix were jointly accused of certain offenses. In the first count, a violation of section 337a, subdivision 1, of the Penal Code was alleged. In the second and third counts, respectively, violations of subdivisions 2 and 3 of that section were charged. 1 In *421 addition, in a fourth count Helen Hendrix alone was accused of a violation of subdivision 5 of section 337a of the Penal Code. At the trial, the appellant and his codefendant each waived the right to trial by jury. It was stipulated that the cause should be submitted on the testimony contained in the transcript of the proceedings had at the preliminary hearing, but with each party having the right to offer additional evidence. The appellant was convicted of the offenses alleged in the first three counts of the information. His codefendant was acquitted of the offenses charged against her.

The present appeal is from the judgment. The appellant states that the sole question raised by him is as follows: “Where two parties are jointly charged and, upon identical evidence, one is convicted and the other acquitted, should the conviction…