Benson

Benson, Isaac Matloff and Edwin T. Harder were charged by information with conspiracy to commit grand theft and to violate section 556 1 of the Insurance Code (count I), in count II with a violation of section 556, supra, on or about March 10, 1960, and in count III with another violation of section 556 on or about April 28, 1960. After the commencement of trial to a jury, Matloff and Harder entered guilty pleas to attempt to violate section 556. Trial without a jury was then continued as to Benson only; he was adjudged guilty on all three counts. The appeal is from the judgment (order granting probation) and the order denying a new trial.

Benson is an attorney; Matloff, a chiropractor, and Harder, an osteopath. On December 11, 1959, one Buehholz was involved in a rear-end collision. He sustained no personal injuries, although one Orr became liable to Buehholz for property damage to Buehholz’ ear. Three days later Matloff came to Buehholz’ home; he was referred to Buehholz by an employee of the agency where the ear was taken for repairs. The employee had been promised $25 by Matloff for every rear-end collision case referred to him. Matloff told Buehholz, whom he had never…