McKnight

The indictment herein charged appellant and his codefendants, Bley Stein and Robert E. Taylor, with violations of sections 37 and 212 of the Criminal Code, 18 USCA §§ 88, 335. The first count of the indictment charged the defendants with having conspired to violate section 212* by depositing in the mails postal cards containing language and delineations that were libelous, scurrilous, defamatory, and *932 Calculated by the terms, manner, and style of display, and obviously intended, to reflect injuriously upon the character and conduct of Stephen W. Cunningham, who at that time was a candidate for election to the city council of Los Angeles. The evidence limits the conspiracy charge to two certain postal cards, hereinafter set forth and referred to as card No. 1 and card No. 2, respectively. In three other counts the defendants were charged with having mailed, in violation of section 212, card No. 1, which card reads as follows:

Defendant Stein entered a plea of nolo contendere. Appellant and Taylor were tried before a jury, which acquitted Taylor and convicted appellant on all counts of the indictment. Appealing from the judgment of conviction, appellant contends that the court…