Applebaum v. United States, 11887.
| Decision Date | 20 January 1948 |
| Docket Number | No. 11887.,11887. |
| Citation | 164 F.2d 974 |
| Parties | APPLEBAUM v. UNITED STATES. |
| Court | U.S. Court of Appeals — Fifth Circuit |
John J. Kehoe and Aaron M. Kanner, both of Miami, Fla., for appellant.
Herbert S. Phillips, U. S. Atty., of Tampa, Fla., and Fred Botts, Asst. U. S. Atty., of Miami, Fla., for appellee.
Before HUTCHESON, HOLMES, and LEE, Circuit Judges.
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 recommendation concerning the amount of payments to be made by the United States to the owner of said Patrician Hotel in connection with the settlement of claims between the United States Government and the owner of said Patrician Hotel for damages occurring during the use and occupancy of said Patrician Hotel by the United States Army". It is quite clear, we think, that the indictment was not vulnerable to the objection made.
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 point made here is that the effect of...
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