People v. Lamb

PLUMMER. J.

The defendant was tried and convicted of the offense of violating wfiiat is commonly known as the

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Wright Act of the state of California. His motion for a new trial being denied, the defendant appeals therefrom and also from the judgment of conviction. It appears from the transcript that three separate and distinct informations were filed against the defendant charging him with three separate and distinct violations of the act above mentioned. The informations were numbered respectively 8056, 8060 and 8083. By stipulation made in open court when the eases were called for trial, all three eases were tried at the same time and upon the testimony introduced at one trial. The defendant was acquitted of t'he offenses charged under the informations numbered 8056 and 8083, but was convicted of the offense charged in the information numbered 8060.

Two points are made for reversal: First, that the verdict is not supported by the evidence; second, that the court had no jurisdiction to pronounce judgment of imprisonment in the county jail. In support of t'he appellant’s contention, that the judgment is not supported by the evidence or rather that the judgment is against the evidence, our attention is called to the testimony of the witnesses introduced on the part of the defendant and no reference is made whatever to the evidence introduced by the prosecution. It is argued at length that the weight of the evidence is strongly in favor of the defendant; that this court Should set aside the vedict and direct a new trial. It is not sufficient to warrant the reversal of a judgment by an appellate court, that the verdict is against the testimony introduced by the defendant nor is it a question whether an appellate court, if sitting in such a capacity as to enable it to weigh the testimony, would conclude that the verdict should have been in favor of the defendant. If upon an inspection of the transcript it appears that there is sufficient testimony, which, if believed by the jury, to sustain a verdict, then and in that case, an appellate court must adopt the verdict of the jury as being correct. It is exclusively the province of the jury, where the testimony is conflicting, to weigh and determine the same. It is never a question of whether more witnesses testified for'one side or t'he other. The jury may believe witnesses who testified for the prosecution and disbelieve the testimony of three or four times that number who may testify for the defense. If the testimony of wit