(DOWNLOAD) "State v. Harries" by Supreme Court Of Utah * Book PDF Kindle ePub Free
eBook details
- Title: State v. Harries
- Author : Supreme Court Of Utah
- Release Date : January 19, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
LATIMER, Justice. The defendant, Robert S. Harries, who was Chief of the Enforcement Division of the Utah Liquor Control Commission, was charged by indictment with the crime of receiving a bribe. He was found guilty as charged and appeals from the judgment of conviction. His assignments of error or statement of points will be referred to later. Section 103-26-4, U.C.A.1943, defines the offense as follows: 'Every executive officer, or person elected or appointed to an executive office, who asks, receives or agrees to receive any bribe, upon any agreement or understanding that his vote, opinion or action upon any matter then pending, or which may be brought before him in his official capacity, shall be influenced thereby, is guilty of felony.' Omitting the formal parts of the indictment, the elements of the crime were alleged in the following language: 'That the said Robert S. Harries, on or about the 1st day of December, 1946, at the County of Salt Lake, State of Utah, he being then and there an executive officer and a person appointed to an executive office, to-wit: the Chief of the Enforcement Division of the Utah Liquor Control Commission, received a bribe, to-wit, money, from Cyrus Lack upon an agreement or understanding that his action upon a matter which might be brought before him in his official capacity would be influenced thereby, to-wit: upon an agreement and understanding that he, the said Robert S. Harries, would permit and allow Robert Ossana to conduct and operate the Railroad Club at Helper, Utah, in violation of the Liquor Control Act, that is, to permit and allow said Robert Ossana to maintain a building and rooms where alcoholic beverages were to be sold, kept, bartered, and stored in violation of the Liquor Control Act, and where persons would resort for the drinking of alcoholic beverages.' The evidence covers 814 typewritten pages, so it is impracticable to do more than refer to the important details. The general plan or scheme under which the defendant and one Cyrus V. Lack operated will be pictured from the testimony given by Lack and Ossana and the evidence which the trial Judge concluded was necessary to corroborate their testimony must be found in the testimony given by other witnesses.