People v. Carr

[463]

DRAPEAU, J.

*

John Emmett Carr, defendant in this case, was convicted of two counts of violation of the Corporate Securities Act. (Corp. Code, § 26104, subd. (a).)

He and his associates took money from two women, for which they gave them securities in projected motion picture enterprises. One woman lost a thousand dollars, and the other one lost five thousand dollars. These “securities” were issued without the permit of the Corporation Commissioner, as required by law.

Mr. Carr waived a jury trial. In the superior court the People’s case was submitted by stipulation upon the reporter’s transcript of the proceedings on the preliminary examination in the municipal court.

The judge of the superior court suspended sentences imposed upon defendant, and granted him probation for five years, with a fine of $300 on one count only, and with a direction that he make such restitution as the probation officer should recommend.

Defendant appeals from the judgment, and appears in this court in propria persona.

He argues on appeal;

1. That “the plaintiffs entered into a conspiracy with the district attorney’s office ... to amend their original complaints, against Phillip Dane, President and Treasurer of the International Synchronization Corp.” to include him.

2. That the prosecution failed to prove any violation of the Corporations Code, and that the trial judge refused to furnish the oral proceedings of the court’s findings and arguments requested by defendant.

Defendant complains that the name of one David C. Craig was not identified with the transaction, although one of the women who lost her money identified him as the man who arranged her business with Mr. Phillip Dane; also that restitution was for one-third by this defendant, one-third by Mr. Dane, and one-third by Mr. Craig.

Defendant also complains of the refusal of the trial judge to “consider the refutation of one of the women’s statements under oath as to repayment of the first $300” that he and his associates got from her.