People v. Gainfort

STURTEVANT, J. This is an appeal from an order purporting to dismiss an indictment. The defendants have interposed motions to dismiss the appeal. We will first consider the order purporting to dismiss the indictment.

After title of court and cause, the indictment is as follows:

“Conspiracy to Violate Section 531 of the Penal Code of the State of California.

“The said defendants, John Gainfort, Isabel Gainfort and Nicholas Barron, are accused by the Grand Jury of the County of Marin, State of California, by this indictment of the crime of ‘Conspiracy to Cheat and Defraud Persons of Property,’ in violation of Section 182 of the Penal Code of the State of California, a felony, committed prior to the finding of this indictment and as follows, to wit:

“That, at a time and place to the Grand Jurors unknown, the said John Gainfort, Isabel Gainfort and Nicholas Barron did unlawfully, wilfully, wrongfully and feloniously combine, conspire and agree between themselves, and with divers other persons, whose names to the Grand Jurors are unknown, to bring about the execution of a fraudulent conveyance by the said John Gainfort to the said Isabel Gainfort of all his, the said John Gainfort’s right, title and interest in and claim to, or arising out of, the lands, tenements, [422]hereditaments, goods and chattels constituting.and being the estate of Thomas. Sherwood Gainfort, deceased, the father of the said John Gainfort, with intent' on the part of the said co-conspirators, then and there, and thereby to deceive and defraud others and to defeat, hinder and delay the creditors of the said John Gainfort of their just debts, damages and demands in violation of Section 154 and Section 531 of the Penal Code of the State of California, and, thereafter, and in furtherance of the objects of the conspiracy and during the existence thereof, one or more of the said co-conspirators did commit the following overt acts at the times and places hereinafter alleged, towit:

“OVERT ACT I

“That on the 9th day of December, 1933, the said Nicholas Barron visited, conferred, conspired and schemed with the defendant John Gainfort at the California State Prison located at San Quentin, Marin County, California.

“OVERT ACT II

“That on the 13th day of December, 1933, the said Nicholas Barron delivered or caused to be delivered to James B. Holohan, Warden of the California State Prison located at San Quentin, Marin County, California, at said prison, a certain document in writing, signed by said Nicholas Barron, requesting that the said John Gainfort be permitted to execute a certain Deed of Assignment transferring and assigning to Isabel Gainfort all of the right, title and interest of the said John Gainfort in and to the said estate of said Thomas Sherwood Gainfort, deceased.