United States v. Michelson

FRANK, Circuit Judge.

The Second Count.

We think that Congress, as it lawfully may, provided that to “offer” a bribe and to “give” a bribe are two distinct crimes even when parts of a single transaction, since the one (to “give”) involves an element which the other (to “offer”) does not. The test, as stated in Morgan v. Devine, 237 U.S. 632, 640, 35 S.Ct. 712, 714, 59 L.Ed. 1153, is whether “separate acts have been committed with the requisite criminal intent. * * * ” The present case does not meet that test. Kratter, the principal government witness, testified as follows: On July 17, 1946, in…