Bradshaw v. United States
| Decision Date | 15 November 1926 |
| Docket Number | No. 4924.,4924. |
| Parties | BRADSHAW v. UNITED STATES. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Tom Garland, of Portland, Or., for plaintiff in error.
George Neuner, U. S. Atty., and Millar E. McGilchrist, Asst. U. S. Atty., both of Portland, Or., for the United States.
Before GILBERT and RUDKIN, Circuit Judges, and NETERER, District Judge.
RUDKIN, Circuit Judge (after stating the facts as above).
The rulings of the court below on the demurrer to the indictment and on the motion to quash are assigned as error. The basis of the assignment is that the government has improperly attempted to carve three crimes out of one. But if the contention is well founded, the plaintiff in error was not prejudiced, because in the end the court imposed but a single sentence as for a single crime on all three counts.
For the purposes of the record, counsel for the plaintiff in error asked permission to examine the jurors individually upon their voir dire. This request was denied, the court stating that, if counsel had any questions to ask, the court would gladly propound them. The ruling is assigned as error. No further request was made by counsel to examine the jurors individually, no reason was assigned for any such examination, and under the circumstances there was no error in the ruling complained of. Noland v. United States (C. C. A.) 10 F.(2d) 768. See, also, Kurczak v. United States (C. C. A.) 14 F.(2d) 109.
It is next contended that the instructions of the court contain only a general statement of the law relating to the crime of bribery, and, if three separate crimes are charged, the instructions do not attempt to define them, or the elements of which they consist. It is a sufficient answer to this to say that no exception was taken to the charge of the court as given, and no request was made for further instructions. There is, therefore, nothing before this court for review. In any event, the instructions were as full and complete as would seem necessary, in view of the simple nature of the charge.
Section 131 of the Federal Penal Code (Comp. St. § 10301) provides that whoever, directly or indirectly, shall give or offer, or cause to be given or offered, any money, property, or value of any kind, or any promise or agreement therefor, or any other bribe, to any judge, judicial officer, or other person authorized by any law of the United States to hear or determine any question, matter, cause, proceeding, or controversy, with intent to influence his action, vote, opinion, or...
To continue reading
Request your trial
-
United States v. Kemmel
...Bogileno v. United States, 10 Cir., 1930, 38 F.2d 584, 586; Cohen v. United States, 6 Cir., 1923, 294 F. 488, 490; Bradshaw v. United States, 9 Cir., 1926, 15 F.2d 970, 972; Henderson v. United States, supra, Id.; Anderson v. United States, 6 Cir., 1954, 215 F.2d 84, 88-89; United States v.......
-
Tudor v. United States
...7 F.2d 111, 112; Alvarado v. United States, 9 Cir., 9 F.2d 385, 386; Goon v. United States, 9 Cir., 15 F.2d 841, 842; Bradshaw v. United States, 9 Cir., 15 F. 2d 970, 971; Kearns v. United States, 9 Cir., 27 F.2d 854, 855; Downing v. United States, 9 Cir., 35 F.2d 454, 457; Smith v. United ......