Hutchinson v. State
Hutchinson v. State
Opinion of the Court
The first assignment of errors in this case is well taken, for several reasons. The indictment is vague and uncertain, and fails to charge any offense against the laws of this State; and the court erred in not sustaining the exceptions to the same.
The indictment was drawn under Article 1870, Paschal’s Digest, and the pleader attempted to charge the defendant with accepting a bribe,* but the indictment wholly fails to make any such charge specifically, and only charges him with offering to receive a bribe. „ This is not an offense punishable as a crime under the law.
Again, in order to constitute the offense attempted to be charged, the gift, advantage, or emolument must be bestowed
And again, Article 1875, Paschal’s Digest, declares that, in order to constitute the crime of bribery, the gift, advantage, or emolument must precede the act, and this should be charged in the indictment; but that instrument alleges most definitely that the defendant was to receive no gift, advantage, or emolument, until some future and indefinite day.
And finally, the indictment fails to show that the defendant did, or could, at any time receive any gift, advantage, or emolument for doing the act with which he is charged. There are other fatal defects in the indictment which need not now be noticed, and 'as the indictment fails to charge any offense punishable under the law, the judgment is reversed and the cause dismissed.
Reversed and dismissed.
Reference
- Full Case Name
- J. H. Hutchinson v. State
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- 1. An indictment for bribery, under Article 1870 of Paschal’s Digest, charged the defendant, a road overseer, with letting out and giving to one T. a contract to repair a certain road, upon condition and with the express understanding and agreement, that the said T. should pay to the defendant one-half of all profits made under the contract. Held, to be insufficient ; the indictment should have charged specifically that the defendant accepted a bribe. 2. An offer to accept a bribe is not punishable as a crime, under the laws of this State. 3. In order to constitute the crime of bribery, the gift, advantage, or emolument must be bestowed for the purpose of inducing the officer to do a particular act, in violation of his duty, or as an inducement to favor, or in some manner to aid the person offering the same, or some other person, in a manner forbidden by law (Paschal’s Digest, Article 1874); and the gift, advantage, or emolument must precede the act. (Paschal’s Digest, Article 1875.)