164 F.2d 974 | 5th Cir. | 1947
Charged in three counts of an indictment with violation of Sec. 91, Title 18 U.S.C.A., Criminal Code, § 39, Bribery of United States Officer, appellant was acquitted on Counts 1 and 3, and convicted on Count 2. Sentenced to a term of imprisonment and the payment of a fine, he is here urging three grounds for reversal.
The first is that the indictment should have been dismissed on his motion as too vague, indefinite and uncertain to inform the defendant of the nature and cause of the accusation against him. The point made here is that the indictment does not allege the duties of Mr. ■ Corbett, the person defendant was charged with attempting to bribe, or what acts it was intended that he should do in violation of his duties. The indictment alleged: that the United States Army had been using the Patrician Hotel and had returned, or was proposing to return, it to the owners; that there was in progress an examination and survey of the hotel to determine what damages had occurred and what sums the United States should pay as just compensation therefor; and that one Robert Corbett was an inspector acting in connection with such restitution, settlement and the payment of damages, and that he was then and there an inspector in execution of his official duties. It further alleged that defendant did give him $150 with the corrupt intent to induce him “to do acts in violation of his official duties, that is to say, to influence the action of * * * such inspector in connection with his report and recommenda
The second ground put forward is that after the jury had been selected and duly empaneled, but before it was sworn, the court erred in stating to it, “The very object of the jury system is to secure a comparison of views and arguments among the jurors themselves. Each juror should listen, with a disposition to be convinced, to the opinions and argument of his fellow jurors”. The point made here is that the effect of the instruction was to deprive the defendant of the benefit of the individual judgment of each juror by charging each juror in effect that he should regard himself not as an individual juror but as a member of a group and be prepared to yield his judgment to that of the group if he could not convince them.
We cannot agree that the charge to the jury is subject to such a construction. In addition to the statement quoted above, the court declared: “Of course, a verdict must be unanimous; it must represent the individual view of that juror; otherwise, it would not be unanimous”. The charge as a whole was intended to, and did, correctly set out for the jury the general nature of the deliberative processes which precede the reaching of a verdict.
Appellant’s third ground is that the evidence was insufficient to support a verdiet of guilty. We put aside the Government’s objection that appellant is in no position to make this point here because, while he did move for a direction at the close of the Government’s evidence, he did not renew his motion at the close of the entire case.
Unfortunately for appellant, his testimony as to what was said between him and Corbett about his paying Corbett to do something for him, and as to how the actual money was paid
Alderman et al. v. United States, 5 Cir., 279 F. 259; Hodgkinson v. United States, 5 Cir., 5 F.2d 628; Smith v. United States, 5 Cir., 63 F.2d 110.
Corbett testified that appellant “appeared in the room and put his hand in my left side trouser pocket and put something in there”. Appellant testified he gave the money to him in his hand.