In re Johnston

In In re Johnston (1935) 3 Cal.2d 32, the defendants were convicted of conspiracy to violate state securities laws but acquitted of 13 substantive counts, each of which was also alleged as an overt act. (Id. at pp. 34-36.) The court concluded that the conspiracy conviction must be reversed because the substantive offenses formed the bases for the overt acts. (Id. at p. 36.)