KERRIGAN, J.
The record discloses that on April 17, 1964, an information was filed in the Orange County Superior Court charging the two defendants in three counts of violation of Penal Code, section 640 (wiretapping), and in the fourth count of violation of Penal Code, section 182 (conspiracy).
A jury trial ensued and during the trial Count III (wiretapping) was dismissed. The jury could not agree as to Count I (wiretapping) but returned a verdict finding...
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