| Show MAYOR WINS ONE POINT California Supreme Court De Do Decides Decides Against Prosecutions Application INDICTMENT WAS DEFECTIVE H It to Aver r That Ho no Was Anil Ami That PolitIcal 1011 UrAl floss Boss San Francisco March 9 Tho su lU court this afternoon by b unanimous inous vote volo handed down clown a n decision denying the tho application of ot If tho the prose prosecution prose prosecution cution In III the tho San an bribery Kraft graft cases for tor a 0 rehearing titter a It decision by the tho district court of ot IP pc als in tho the ot of former Mayor Ma ol Eugene 13 g convicted of ox cx In the tile French restaurant cusel Without a II dl vote otc among the seven justices the court coUlt sustained tho court in Its decision that the tho Indictment upon which was convicted was waa de defective In that it did not aver that S was as mayor that his codefendant was a 4 political poll tI U hiss practically In hr control of or tho the city that ao no such they wore were In a position to exercise power and undue Influence over the tho police commissioners and that it did not show that re to resorted sorted to unlawful means menns In threaten threatening ing In to have liquor licenses withheld STATEMENT STAlE OF The Tho decision demonstrates said that the highest court in tho the state stale believes what I r havo have always claimed that I was re front from and an railroaded to prison Tho Thin contention of ot tho the respondent that the tho appeal was prematurely taken says nays tho the supreme court has lies no merit Tho The court Is unanimous in iii tho thio opinion that the district court of o appeals was vai correct in Its conclusion that the tho indictment was Insufficient in III that it did not show that thal the In iii InJury Injury Jury to tho the property threatened by b bythe the th defendant was an unlawful in Injury InJury jury This decision practically nullifies plea of ot guilty to the snub rome charge invalidates the tho remaining four extortion Indictments against the tho former mayor maor nUll nl ruef ruet and will cn en all to gain his liberty on I ball hail after eight months confinement nt In the county jail Campbell Metson and Drew coun counsel sel el l for Cor announced 1 tonight that Immediate steps would bo ho taken tomorrow morning for Ibe ho h former mayors release and expressed gratification gratification over the tho decision declaring that It showed that the tho highest court courtIn In the tho state unstained sustained the law In spite of ot public clamor antI and tho the denunciations and end attacks itt pt jf the tho pres pre that followed tho the decision of ot the appellate r s |
