Legal Opinion · Concurrence

James L. Hamlin v. The United States

United States Court of Claims

Decided March 15, 1968No. 251-67Published

1ConcurrenceNichols, Judge

It seems quite apparent to me that in the enactment of 18 U.S.C., Sec. 202, quoted in the court’s opinion, the Congress did not intend that anyone should forfeit his office or place, or be disqualified from holding any office of honor, trust or profit, unless such person was guilty of the offense of bribery, therein defined. Nevertheless, from the holding of this court in McMullen v. United States, 100 Ct.Cl. 323 (1943), cert. denied 321 U.S. 790, 64 S.Ct. 786, 88 L.Ed. 1080 (1944), a strange doctrine has come down to us that under certain circumstances persons completely innocent of the…

2Cases cited2 opinions

  1. United States v. LovettSupreme Court of the United States · 1946
  2. McMullen v. United StatesUnited States Court of Claims · 1943

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