People v. Clougher

Defendant, a public servant with many of the indicia of a public officer, was indicted in two counts, one for receiving a gratuity as forbidden in section 1826 of the Penal Law and another for taking a bribe upon an agreement that his opinion, judgment and action should be influenced thereby as prohibited in section 372 of the Penal Law. He was found guilty under both counts and sentenced under one. The agreement and the receipt of money were so proved that, under the court’s charge respecting the meaning of these two sections of the Penal Law, the jury could not reasonably entertain any…