People v. Anderson

CRAIG, J.

Appallent was indicted, together with one Lips, for the crimes of bribery and extortion. The count charging extortion was dismissed and after trial the defendant was found guilty by a jury of the crime of bribery. From the judgment pronounced upon this conviction and a denial of the defendant’s motion for a new trial this appeal was taken. Anderson and Lips were detectives in the employ of the county of Los Angeles. The indictment charged that one L. M. Furay had been indicted for grand larceny in the state of Texas; that Lips and Anderson arrested him in Los Angeles county and then allowed him to escape in consideration of a pAyment of ten thousand dollars made to the officers by Mrs. Furay. The testimony admitted was amply sufficient to sustain these allegations. Upon similar evidence introduced in the case of

People

v.

Lips

it was held in the decision upon appeal (59 Cal. App. 381 [211 Pac. 22]) that the record established a case of bribery under the provisions of section 68 of the Penal Code, which denounces agreements by an officer to receive a bribe “upon any agreement that his vote, opinion or action upon any matter then pending” before him shall be influenced thereby.

In the instant case the principal reason urged for a reversal is that the trial court permitted the prosecution

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to place in evidence a purported copy of an indictment against Puray in the county of Tarrant, Texas, charging him with the crime of grand larceny. It is insisted that a proper foundation was not laid for the introduction of this document. Section 1905 of the Code of Civil Procedure provides that a judicial record of a sister 'state may be proved “by the attestation of the clerk and the seal of the court annexed, if there be a clerk and seal, together with a certificate of the chief judge or presiding magistrate, that the attestation is in due form.” The foundation laid by the prosecuting attorney for the introduction of this indictment failed to set forth that the attestation thereto was in due form.

We are of the opinion that the defendant is in no position to dispute the fact that the indictment had been returned and was pending. The evidence shows that he, together with Lips, assumed the existence of an indictment against Puray, and under that pretension, secured ten thousand dollars from Mrs. Puray to influence their official action. The court of appeals of Texas in deciding a similar case said: “It is insisted by counsel for defendant that the arrest and custody of John Gable by the defendant was without authority of law, and that, therefore, it was no offense for the defendant to accept a bribe to release him. We do not so understand the law. It was by virtue of his official authority that the defendant arrested and held John Gable. It matters not whether the arrest and custody were legal or illegal; the said Gable was a prisoner in the custody of the defendant, a peace officer, and was permitted by the defendant to escape, in consideration of money paid him to effect such escape. We are of the opinion that, in a prosecution for this offense, it is not permissible for the defendant to question the legality of his custody of the prisoner.”