AGEE, J.
Defendant was convicted by a jury on counts one, two and three of a five-count indictment. He was acquitted on counts four and five. His notice of appeal is general in form but his counsel states in the opening brief that the appeal is from the judgment of conviction as to counts one and three only.
Count one charges a violation of section 182 of the Penal Code in that "during the days of April 30, 1960, and May 1,
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