Mayberry v. State

Appellant was indicted, convicted, and sentenced to thirteen months imprisonment for inciting Cecil Dupree to violate the Ethics Act. More specifically, he was found guilty, under § 13-9-40, Code of Alabama 1975, of inciting Dupree, the president of an independent telephone company regulated by the Public Service Commission [hereinafter "P.S.C."], to provide a prostitute for Ralph McLemore, Executive Director of the P.S.C., in violation of § 36-25-12, Code of Alabama 1975. The latter section provides, in pertinent part, the following:

"No person shall offer or give to a member or employee of a…