People v. Incerto

Thomas Incerto was convicted by a jury of conspiracy to bribe a judge and on appeal seeks reversal of the conviction and dismissal of the charge. A two-count indictment charged him with bribery of a judge, 1967 Perm. Supp., C.R.S. 1963, 40-7-5 (repealed 1971), and conspiracy to bribe a judge, C.R.S. 1963, 40-7-35 (repealed 1971).

The first count of the indictment charged that Incerto and a Pueblo district judge committed bribery by soliciting and receiving a bribe from McCallon, who was then charged with, and later plead guilty to, a narcotics offense. The indictment specifically set forth…