Territory v. Lau Hoon

Citations

• 23 Haw. 616
• 1917 Haw. LEXIS 51

Syllabus

<p>Indictment and' INFORMATION — allegation l>y inference.</p> <p>An indictment charging bribery which substantially follows the language of the statute but alleges a material fact by inference is sufficient under our criminal procedure, supplemented by Act 215, S. L. 1915, adopting section 3791E R. L., under which an allegation that the accused gave a bribe to an officer with intent to influence him in the discharge of his dirty, alleges by inference that the accused had knowledge of the official character of such officer and is sufficient.</p> <p>Bribery — allegation and proof — directed v&rdict.</p> <p>An indictment charging bribery of an officer to influence him to refrain from arresting players in a che fa game alleged that such game was then being carried on; thé evidence failed to show that any such game had been carried on; .the defendant moved for an instructed verdict in his favor, which motion was denied: Held, that the motion for an instructed verdict should have been granted.</p> <p>Same — corrupt intent — completed crime.</p> <p>The gist of the crime of bribery is the corrupting or the attempt to corrupt an official in the discharge of his duty and is complete when the accused has done all that he can do to consummate the crime, it not being necessary that the officer accepting the bribe do so with a corrupt intent.</p>