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UNITED STATES v. BREWSTER

No. 73-1305.

506 F.2d 62 (1974)

UNITED STATES of America v. Daniel B. BREWSTER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 2, 1974.

Attorney(s) appearing for the Case

Edward Bennett Williams, Washington, D.C., with whom Earl C. Dudley, Jr., Washington, D.C., was on the brief, for appellant.

Stuart M. Gerson, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., at the time the brief was filed and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee. Earl J. Silbert, U. S. Atty. and James E. Sharp, Asst. U. S. Atty. at the time the record was filed, also entered appearances for appellee.

Before TAMM, ROBINSON and WILKEY, Circuit Judges.

WILKEY, Circuit Judge:

This appeal arises from conviction of defendant Brewster on three counts of an indictment charging violations of 18 U.S.C. § 201(c)(1), Bribery of Public Officials and Witnesses. The jury convicted, not on the bribery section 201(c)(1), but on the illegal gratuity section 201(g), defined by the trial judge's instructions as a lesser included offense.

Defendant Brewster urges three principal points:

(1) Section 201(g) was...

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