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Keywords

liabilitywrit of prohibitionpiracy
defendantwrit of prohibitiongrand jurypiracy

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Loser v. Superior Court in and for Alameda County, 78 Cal.App.2d 30, 177 P.2d 320

Facts

Julius Loser was indicted alongside others for conspiracy to commit illegal abortions. Evidence indicated that he was actively involved in the conspiracy, including taking proceeds from abortions and informing co-conspirators about their operations. Although Loser argued he withdrew from the conspiracy around June 1, 1946, the court found that there was no clear evidence of his withdrawal communicated to other conspirators, and substantive offenses occurred after this alleged withdrawal.

There is evidence that he was actively engaged with Stern in the commission of abortions, as a receptionist of women seeking abortions, while Stern was engaged in that illegal business in Contra Costa County; that he took to his co-defendant Ray in San Francisco his share of the proceeds from abortions; and that he went with his co-defendant Tracy to the Oakland office of their co-defendant Stuck to inform Stuck that Stern had opened a place for the performance of abortions in Richmond.

Issue

Did Julius Loser effectively withdraw from the conspiracy, and was there sufficient evidence to support the indictment against him?

It is argued that the only evidence on the subject shows that petitioner withdrew from the conspiracy about June 1, 1946.

Rule

A member of a conspiracy may withdraw from it to avoid future liability, but must communicate this withdrawal to fellow conspirators through an affirmative act; otherwise, the conspiracy is presumed to continue.

A member of a conspiracy may effectively withdraw from it so as to exculpate himself from guilt for the future criminal acts of his co-conspirators.

Analysis

The court analyzed the evidence presented and determined that Loser did not effectively withdraw from the conspiracy as there was no communication of his intent to other conspirators. The evidence showed that he continued to conspire and cooperate with others involved in the illegal activities, which connected him to the substantive offenses charged in the indictment.

We cannot therefore say that there was no evidence before the grand jury to connect him with the commission of the substantive offenses, or to put it affirmatively that the evidence compels the conclusion that he had effectively withdrawn from the conspiracy prior to their commission.

Conclusion

The court concluded that there was sufficient evidence to support the indictment against Loser and denied his petition for a writ of prohibition.

The alterative writ heretofore issued is discharged and the petition for a writ of prohibition denied.

Who won?

The State prevailed in this case as the court found sufficient evidence to support the indictment against Loser, rejecting his claims of withdrawal from the conspiracy.

The court found that there was sufficient evidence to connect him to the conspiracy and denied the petition.

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