Is there merit in argument that each of the appellants was convicted of the crime of conspiracy to violate section 337a of the Penal Code?

California, United States of America

The following excerpt is from People v. Cuda, 178 Cal.App.2d 397, 3 Cal.Rptr. 86 (Cal. App. 1960):

Nor is there merit in the kindred argument based upon the fact that each of the appellants was convicted of the crime of conspiracy to violate section 337a, subdivisions 1, 2, 3 and 4, of the Penal Code. Such conviction did not preclude the conviction of such appellant of the substantive offense of violation of any subdivision of section 337a. The governing principle is clearly stated in People v. Martin, 114 Cal.App. 392, at page 396, 300 P. 130, at page 132: 'The crime of conspiracy

Page 98

Appellants' contentions are not meritorious and no error appears in the record.

Affirmed.

SHINN, P. J., and VALLEE J., concur.

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