People v. Martin

YORK, J.

By an information filed by the district attorney of Los Angeles County containing five counts, the defendants were charged with the crime of bribing a witness

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.and with the crime of conspiracy to commit a crime, to wit: the crime of bribing a witness. On submission of the cause, the jury was advised to acquit on counts one to four, inclusive. However, the jury returned verdicts finding defendants guilty as charged in counts I, III and Y. Thereafter the court granted a new trial as to count III. Prom the judgments of conviction on counts I and Y, and from the order denying their motion for a new trial, defendants prosecute this appeal.

The case has its inception in an automobile accident on ■the Ridge route near Sandberg, in which a machine owned by one Perrone and driven by Richard Machado, collided with a machine owned and driven by one Barnett, at which time the latter, his wife and son were seriously injured. In order to secure compensation from "the insurance company covering Perrone, Barnett put the claim in the hands of the Equitable Adjustments, Inc., of which company the defendants were officers.

There is evidence tending to prove that defendants offered to pay Machado, the operator of the Perrone car, the sum of $100, and a bonus at the end of the trial, if he would make a statement in favor of the Barnetts so they could get the money from the insurance company. The statement was prepared and signed by Machado in the office of the defendants on December 18, 1929, Machado receiving ■ten dollars on account. The next payment of ten dollars was made at Machado’s home on December 24, 1929, at which time the chief adjuster of the insurance company, an inspector from the district attorney’s office and others were hidden in an adjoining room.

Appellants maintain that the verdicts and judgments are not sustained by the evidence, and that the trial court erred in the admission and rejection of evidence and in its instructions to the jury. Their main contention is that there is an entire lack of evidence to show that Machado was about to be called as a witness for the reason that, at the time of the negotiations between appellant and Machado, no action was then pending in any court.