State v. Frantz
| Decision Date | 29 November 1922 |
| Citation | 32 Del. 225,121 A. 652 |
| Court | Court of General Sessions of Delaware |
| Parties | STATE v. ABRAM E. FRANTZ, HOWARD R. FRANTZ and HENRY B. HOOK |
Court of General Sessions for New Castle County, November Term 1922.
Indictment for conspiracy, No. 89, September term, 1922.
Aaron Finger and Clarence A. Southerland, Deputy Attorneys-General for the State.
Robert G. Harman for defendants Abram E. Frantz and Howard R Frantz.
OPINION
PENNEWILL, C.J., charging the jury:
The indictment in this case is for conspiracy. It is charged therein that one of the defendants, Henry B. Hook, was, in the month of December last and in this county, negotiating with the board of health of this city, and with the council or the mayor and council of Wilmington with a view to procuring the recommendation by the said board of health of the adoption of a plan for the construction or acquisition of a garbage disposal plant of the type or kind known as the Davis plant; and also with the view of procuring the approval of said council of such recommendation and plan to be submitted by the said board of health; that the defendants did unlawfully conspire, combine, and agree, together and with other persons to the grand jurors unknown, unlawfully to offer rewards to a certain member or members of said board of health, the name or names of said member or members thus to be rewarded being to the grand jurors unknown, and the nature and amount of the rewards thus to be offered being likewise unknown, with the intent to induce said member or members of the board of health by means of rewards to vote for, agree to and officially approve of a recommendation and submission by said board to said city council of a plan for the construction of a garbage disposal plant of the type or kind known as the Davis plant, and thereby to commit the offense of bribery.
It also charges that the defendants did unlawfully conspire and agree together and with other persons to the grand jurors unknown, unlawfully to offer rewards to certain of the members of said council of the city of Wilmington, the names of said members being to the grand jurors unknown and the nature and amount of rewards to be offered being likewise unknown, with the intent to induce said members of the city council, by means of rewards, to vote for, agree to and officially approve of a recommendation and submission by the said board of health to the said council of a plan for the construction of a garbage disposal plant of the said type or kind known as the Davis plant, and thereby to commit the offense of bribery.
There are several other counts in the indictment, but we think it would confuse rather than help the jury to state specifically the charge in each count. It is sufficient to say that under the indictment the defendants are charged with conspiring together by the offer of rewards to bribe, or unlawfully and corruptly induce, either a member or members of the board of health, or a member or members of the city council of the city of Wilmington, or members of both the board and council to officially recommend, vote for, agree to or approve the adoption or constuction of a garbage disposal plant of the type or kind known as the Davis plant.
Such are the charges against the defendants, to which two of them, Abram E. Frantz and Howard R. Frantz, have pleaded not guilty, and to which the remaining defendant, Henry B. Hook, has pleaded nolo contendere. The plea of nolo contendere is virtually a plea of guilty, and may be so regarded for the purposes of this case.
The motion of the defendants that the court instruct the jury to bring in a verdict for the defendants is refused.
Abram E....
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