Boykin v. United States

• Decision Date: 19 February 1926
• Docket Number: No. 4699.,4699.
• Citation: 11 F.2d 484
• Parties: BOYKIN et al. v. UNITED STATES.
• Court: U.S. Court of Appeals — Fifth Circuit

11 F.2d 484 (1926)

BOYKIN et al. v. UNITED STATES.

No. 4699.

Circuit Court of Appeals, Fifth Circuit.

February 19, 1926.

Harry H. Smith and S. M. Johnston, both of Mobile, Ala., and Edw. Dinkelspiel, of New Orleans, La. (John C. Davey, of New Orleans, La., and Gregory L. Smith, William J. Young, and Norvelle R. Leigh, Jr., all of Mobile, Ala., on the brief), for plaintiffs in error.

Hugo L. Black, Sp. Asst. Atty. Gen. (Joseph W. John, Asst. U. S. Atty., of Mobile, Ala., on the brief), for the United States.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This is an indictment under section 39 of the Criminal Code (Comp. St. § 10203) for bribery. The indictment sufficiently charges the giving of $600 to one M. T. Gonzaullas, a duly authorized government prohibition agent, "whose functions, duties, and powers then and there were, as the defendants then and there well knew, to investigate violations of title 2 of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138½ et seq.) committed within the Southern division of the Southern district of Alabama, and to report any and all violations of the said act of Congress committed within the said Southern division of the Southern district of Alabama that should come to his notice, knowledge, and attention, either directly or through his superior officers or agents, or through his subordinate officers or agents of the office of the Commissioner of Internal Revenue, or otherwise, to the United States attorney for the Southern district of Alabama, and to report, as aforesaid, any and all such violations truthfully and fairly and without favor or partiality." The indictment then alleges that the money was given "with the intent on the part of the defendants to unlawfully, feloniously, and corruptly influence the decision and action of the said M. T. Gonzaullas in his official capacity and function as aforesaid, on matters and proceedings then and there pending and then and there expected to soon be brought to law before him, the said M. T. Gonzaullas, in his official capacity, as aforesaid, and with the intent on the part of the defendants to influence him, the said M. T. Gonzaullas, to commit and aid in committing, colluding in, and allowing a fraud to be committed and perpetrated upon the United States, and with the intent to induce him, the said M. T. Gonzaullas, to omit to do acts in violation of his lawful functions and duties as aforesaid, all in order that violations of the National Prohibition Act could and should be committed and permitted in the Southern division of the Southern district of Alabama, without detection, arrest, complaint, and prosecution."

Demurrers were interposed to the indictment on the ground that it was so vague and indefinite that it failed to inform defendants of the charge against them, in that it does not specify the nature of the proceedings, fraud, or acts therein mentioned. But the trial court overruled the demurrers, and the two defendants who sued out this writ of error were convicted.

We are of opinion that the indictment is fatally defective, and that the demurrers should have been sustained. The offense here sought to be charged is made up of an act and an intent. The criminal intent is made to relate to matters which the statute wisely describes in the most general terms, so as to include every breach of duty which any official may be influenced or induced to commit. It is to be observed that the language used in the indictment is as general as is the language of the statute. Where a statute is general, it is not sufficient merely to follow its language in an indictment, but the indictment must allege the specific offense coming under the general description of the statute, in order that the accused may enjoy the right, secured by the Sixth Amendment, "to be informed of the nature and cause of the accusation" against him. United States v. Cruikshank, 92 U. S. 542, 23 L. Ed. 588; United States v. Hess, 8 S. Ct. 571, 124 U. S. 483, 31 L. Ed. 516; Foster v. United States, 253 F. 481, 165 C. C. A. 193; Miller v. United States (C. C. A.) 288 F. 817; Bishop's New Criminal Procedure, §§ 568, 569, 570. In this case the testimony tended to show that it was the intent of defendants to influence and induce Gonzaullas not to investigate and not to report them to the district attorney for illegal sales of liquor. Gonzaullas,...