United States v. Dietrich

Citations

• 126 F. 664
• 1904 U.S. App. LEXIS 4580

Syllabus

<p>1. Conspiracy — Bribery of Member of Congress — Agreement to Give and Receive Sbibis</p> <p>Rev. St. § 1781 [U. S. Comp. St. 1901, p. 1212], makes it a criminal offense for a member of Congress to take, receive, “or agree to receive” any money, property, or other valuable consideration for procuring or aiding to procure any office from the government, and also a like offense for any person to offer, give, “or agree to give” any money or other consideration to any member of Congress for procuring or aiding to procure such office. Meld, that an agreement between a member of Congress and another, the one to receive a bribe for aiding to procure an office and the other to pay the same, constitutes a substantive offense under said section by each of the parties thereto, and cannot be made the basis of an Indictment under section 5440 [U. S. Comp. St. 1901, p. 8676] for a conspiracy to commit an offense against the United States.</p> <p>2. Indictment — Joinder of Several Offenses by Different Defendants in Single Count.</p> <p>Two persons cannot be severally charged in the same indictment under Rev. St. § 1781 [U. S. Comp. St. 1901, p. 1212], and in a single count, the one with agreeing to receive a bribe as a member of Congress and the other with agreeing to give such bribe, which constitute distinct and several offenses.</p>