People v. John

DRAPER, J. A jury found defendant guilty of two counts of bribery (Pen. Code, § 67). He was sentenced to prison, [315]the terms to run concurrently. He appeals from the judgment and the order denying new trial.

In June, defendant went to the office of Lieutenant Jones, head of the Special Services Division of the Richmond Police Department. They had not met before. Defendant said that he wanted to open an establishment in which his wife could operate as a palm reader. When Jones asked why defendant came to him, the latter said “this was the way this was done and that he knew I was the man to talk to.” On leaving, defendant said “You think it over for a month or so . . . then we’ll get together . . . .” The officer testified that defendant telephoned August 7 and 10, and came to the office August 11. The conversation was recorded. Defendant made plain that he did not want to pay the fee of $50 per day for a palmistry license, and wanted the officer to “take care of” complaints which might be made if operations began without a license. He said to the officer “You need something—come out to the house. I could probably help you with it. You know what I mean.” To the officer’s inquiry “You mean financially?” defendant replied “That is right.” On August 20, the officer telephoned defendant. The conversation was again recorded. Defendant discussed his license fee in another location and said “I am not paying $1,200 for the license.” To the officer’s inquiry “You mean that you will pay it to me,” defendant answered “Atta boy” and offered to pay it by the month, starting with “a couple hundred.” This offer was the basis of Count 1 of the information.

On September 22, the officer again called defendant. In this recorded conversation defendant indicated he was going to try to get some kind of permit and keep the officer “definitely out of it.” November 2 and 20 he called the officer and asked him to come to defendant’s home to discuss the matter, but the officer refused. On November 30, the officer called defendant, and they agreed to meet that afternoon. At this meeting, defendant said he did not have the money, but would get it from the bank and meet the officer next day. At the appointed time they met, and defendant paid the officer $150. Shortly thereafter another officer, nearby by prearrangement, arrested defendant. The giving of this bribe is charged as Count 2.

In accordance with the established rule (People v. Newland, 15 Cal.2d 678 [104 P.2d 778]), we have recited the facts most favorable to respondent. However, when defendant testi