In Re Jones

PRESTON, J.

This proceeding was instituted to review an order of the Board of Governors of The State Bar of California recommending to this court the suspension of petitioner for a period of one year from the practice of law in this state. Said recommendation is based upon the following findings made by the Local Administrative Committee of Kern County after its hearing, upon legal notice and in due form, of the charges preferred against him.

That the evidence showed that petitioner was not guilty of any misconduct in connection with the first transaction set forth in the notice to show cause. As to the facts set forth in the second transaction, the Committee found that: “on May 11th, 1928, in the Superior Court ... in the case of

People

. . . v. . . .

Powers

. . .

md Newberry .

... , accused of robbery, the said accused was the attorney for said defendants at the trial of said case on said day. That on said day, said accused advised the said defendants to testify therein and thereat that the defendants ‘had gone to the place of the alleged robbery in the evening prior to the alleged robbery, got drunk there and later woke up in an automobile and discovered that all our money had been taken from us and that on looking around in the automobile, that we discovered a six shooter, and that we decided to take the six shooter and go -in the house and recover our money’ That the said accused, at the time he gave such advice believed the same to be false. That said defendant A1 Powers attempted to so testify and would have so testified had not the court sustained

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objection of the district attorney to such testimony on the ground that it was irrelevant. That by said advice the said accused intended to cause a miscarriage of justice.” From the foregoing findings, the Committee found said accused was guilty of conduct involving moral turpitude in that in said action he intentionally endeavored to cause a miscarriage of justice and for that reason said Committee recommended that his license and right as an attorney at law be suspended for the period of one year.