UNITED STATES v. MICHELSON

No. 130, Docket 20818.

165 F.2d 732 (1948)

UNITED STATES v. MICHELSON.

Circuit Court of Appeals, Second Circuit.

Writ of Certiorari Granted April 5, 1948.


Attorney(s) appearing for the Case

J. Vincent Keogh, of Brooklyn (Mario Pittoni, of Brooklyn, of counsel), for appellee.

Louis J. Castellano, of Brooklyn, N. Y., for appellant.

Before SWAN, CHASE, and FRANK, Circuit Judges.


FRANK, Circuit Judge.

The Second Count.

We think that Congress, as it lawfully may, provided that to "offer" a bribe and to "give" a bribe are two distinct crimes even when parts of a single transaction, since the one (to "give") involves an element which the other (to "offer") does not.1 The test, as stated in Morgan v. Devine, 237 U.S. 632, 640, 35 S.Ct. 712, 714, 59 L.Ed. 1153, is whether "separate...

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