People v. Longo

DOOLING, J.

By indictment appellants were charged jointly in count 1 with a violation of section 11500, Health and Safety Code, possession of heroin, and in count 2 with a violation of section 67%, Penal Code, bribery. Appellant, Lois Canant, pleaded guilty to count 1 and the two appellants were tried jointly before the court, after duly waiving jury trial, on count 2 and appellant Longo was concurrently tried on count 1. Longo was acquitted on count 1 and both defendants were convicted on count 2. Both appeal from the judgments of conviction on count 2 and from the orders denying their motions for new trial.

Count 2 charged the appellants with “the crime of felony, to-wit: Bribery (violation of Pen. Code, §67%), committed as follows: The said (defendants) . . . did willfully, unlawfully, corruptly, knowingly and feloniously offer as a bribe to ministerial officers, employees and appointees of the City and County of San Francisco the sum of Twenty-five Thousand Dollars ($25,000.00) ...” In so charging the indictment followed the language of section 67%, Penal Code. The word “bribe” used in section 67% is de

[418]

fined in section 7, subdivision 6, Penal Code, and as pointed out in

People

v.

Silver,

75 Cal.App.2d 1 [170 P.2d 80], citing earlier cases at page 4, the two sections must be construed together to get the elements of the complete offense. Since the indictment does not include the language of section 7, subdivision 6, Penal Code, in charging the offense the appellants argue that it is defective in a number of particulars which it is not necessary to enumerate, since

People

v.

Roberts,

40 Cal.2d 483 [254 P.2d 501], which was decided after the appellants’ brief had been filed in this case, appears to furnish a complete answer to all of such objections.

In the Roberts case appellant and another had been charged in an information with “the crime of violating section 182 of the Penal Code a felony, committed as follows:” that they “did wilfully, unlawfully and feloniously conspire, combine, confederate and agree together to commit the crime of Felony, towit: a violation of section 11500 of the Health and Safety Code.” None of the elements of the crime denounced by section 11500 was pleaded. The Supreme Court said (40 Cal.2d, pp. 486-487):