In Re Zadro

THE COURT, per PLUMMER, J.

In looking over the indictment I find that there are fourteen different counts. What the trial court will do in thirteen of those counts is

[399]

immaterial for our consideration; count fourteen charges conspiracy to commit a crime.

. Section 182 of the Penal Code provides that a conspiracy to commit a crime is punishable and it states certain specifications of what are punishable:

Specification 1 reads as follows: “To commit any crime,” which means conspiracy to commit a crime. The last paragraph of that section reads: “When they conspire to do any of the other acts described in this section they shall be punishable by imprisonment in the county jail or state penitentiary not exceeding two years, or by a fine not exceeding five thousand dollars, or both, and cases of such conspiracy may be prosecuted and tried in the superior court of any county in which any overt act tending to .effect such conspiracy shall be done.”

The provisions of the section which I have not read relate to conspiracy to commit a felony and provides definite punishment and is not material for our consideration.

The last count of the indictment charges conspiracy to commit a crime. It becomes necessary then to determine whether a crime has been charged as committed; in other words, whether section 172 of the Penal Code is still a portion of the law of the state of California. As stated in the beginning, the thirteen preceding counts in the indictment do not of course charge an offense which would be triable in the superior court

(People

v.

Rose,

63 Cal. App. 762 [219 Pac. 1043]), but as count fourteen goes on and charges a definite offense and does not relate to the thirteen preceding counts, it may stand alone.

Section 172 of the Penal Code prohibits the sale of liquor within certain distances of institutions therein named, including the Veterans’ Home at Yountville. We have carefully read the Liquor Control Act. It was before this court in some cases which we had to consider.