Walsh v. People

Citations

• 65 Ill. 58

Syllabus

<p>1. CbimihaIj law—bribery. At common law, bribery is a grave and serious offense against public justice; and the attempt or offer to bribe is likewise criminal, as tending to corrupt official integrity, and is indictable.</p> <p>2. Same—'misdemeanor defined. Misdemeanors comprise all offenses lower than felonies which may be the subject of indictment. They are of two classes, such as are mala in se, or punishable at common law, and such as are mala prohibita, or penal by statute.</p> <p>3. Same—misdemeanors at common lam. Whatever, under the first class, mischievously affects the person or property of another, or openly outrages decency, or disturbs public order, or is injurious to the public, or is a breach of official duty, when done corruptly, is the subject of indictment.</p> <p>i. Same—offer to receive a bribe. In this State, it is an indictable misdemeanor to propose to receive a bribe by an alderman of a city council, or by any public officer. It must be regarded as an incentive to offer one, and a solicitation to commit an offense. Inciting another to the commission of any indictable offense, though without success, is a misdemeanor.</p> <p>5. Same—character of accused. Where the defendant was convicted of the offense of offering to receive a bribe, upon the unsupported testimony of a single witness, who was impeached, and was shown to have been actuated by great personal hostility to the accused, it was held, that in such a case, involving so much doubt, the good character of the accused was entitled to great weight, and that the conviction could not be sustained.</p>